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Old 02.12.2019, 18:07
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Ordinary termination of employment respecting joint agreement

Hello all,



My employer has terminated my employment with a wording of "joint agreement"


Here is the exact wording: "Ordinary termination: We herewith terminate your employment which has been in place since ... , respecting our joint agreement. Your employment ends with effect as of (notice period)...."


Q1: Do I need to go and register immediately with RAV?

Q2: Will there be an effect with RAV if still no other employment has been found when the notice period expires



If someone would know or help for an answer in these questions this would be very helpful.



Thank you
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Old 02.12.2019, 18:39
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Re: Ordinary termination of employment respecting joint agreement

Q1: you should plan to register with RAV by no later than the first official day of unemployment. RAV often suggests registering before then.


Q2: if you find a job after registering but before notice period expires, then you de-register from RAV. If you do not find a job before notice period expires, you should register by no later than the first official day of unemployment.


You should begin your job search promptly. RAV expects that a job-seeker begin searching for a job as soon as s/he knows that s/he is going to become unemployed. RAV looks back a maximum of three months. Plan to have 10-12 applications x three months by the time you are eligible for unemployment. Be sure to retain job application supporting documents such as job advertisements and any confirmations/ rejections.

For RAV Aargau, plan to take this e-learning course and print the certificate at the end. It is available in various languages, including English:

https://ag-elearning.ch/

This English-language brochure from RAV St. Gallen is also quite useful:

https://www.sg.ch/wirtschaft-arbeit/...e/Englisch.pdf


RAV forms are available in D, F and I at this link:

https://www.arbeit.swiss/secoalv/en/home.html

Many RAV forms have been translated to English at this link:

https://www.englishforum.ch/employme...ranslated.html


Good luck with your job search!
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Old 02.12.2019, 18:39
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Re: Ordinary termination of employment respecting joint agreement

Q1: Yes. (Assuming you only have a few months left)
Q2: Only if you have not put in enough effort to find something else.
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Old 02.12.2019, 18:53
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Re: Ordinary termination of employment respecting joint agreement

Thank you all for the replies.

Also the fact that the termination is on joint-agreement, will this have an effect in case still no other employment has been found after the notice period expires?



Thanks again
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Old 02.12.2019, 19:02
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Re: Ordinary termination of employment respecting joint agreement

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Thank you all for the replies.

Also the fact that the termination is on joint-agreement, will this have an effect in case still no other employment has been found after the notice period expires?

Thanks again
This is called "gegenseitiges Einvernehmen" in German. Generally, it is to be considered as self-termination. Self-termination normally results in sanction days. See para. D24:

https://www.koordination.ch/fileadmi...-d/ale_d15.pdf

You will have an opportunity to explain whether the termination was by joint-agreement on the application for unemployment compensation form. The employer will also have the same opportunity to explain who terminated whom on the employer certificate. RAV (technically, Kasse) will then evaluate the responses and determine the number of sanction days.
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Old 02.12.2019, 19:30
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Re: Ordinary termination of employment respecting joint agreement

Thank you again for all the replies


Does this wording refer to joint agreement?



"Hiermit kündigen wir das seit .... zwischen uns bestehende Anstellungsverhältnis unter Einhaltung der mit Ihnen vereinbarten Kündigungsfrist aud den ...."


"We herewith terminate your employment which has been in place since ... respecting our joint agreement. Your employment ends with effect as of ..."


If yes, is it still possible to ask to change the wording?

The receipt has already been signed from my side and the termination is triggered by my employer.



Also would you know how many are the sanction days in case that this is considered to be the case of joint agreement?



Thanks again
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Old 02.12.2019, 20:00
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Re: Ordinary termination of employment respecting joint agreement

Îf the employer terminated the employee, then there should be no sanction days. This includes the employer unmistakenly telling the employee to resign or be terminated. See para. 25 at this link:


https://www.koordination.ch/fileadmi...-d/ale_d15.pdf


For questions 18 to 20 of the application for unemployment form you will want to clearly indicate that the employer terminated you. Question 20 allows for a written explanation.



For self-termination, sanction days can be up to 60 work-days (i.e., approx. three calendar months).



Based on what you have written, it would appear that the employer terminated you and that this was not a self-termination. If that is the case, there should be no sanction days.
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Old 02.12.2019, 20:54
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Re: Ordinary termination of employment respecting joint agreement

Quote:
View Post
Thank you all for the replies.

Also the fact that the termination is on joint-agreement, will this have an effect in case still no other employment has been found after the notice period expires?



Thanks again
'Joint Agreement' refers to the fact that you both agreed to the terms in the original contract. It just the wording.... no impact.
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Old 02.12.2019, 22:07
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Re: Ordinary termination of employment respecting joint agreement

https://www.ch.ch/en/unemployment/
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