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  #21  
Old 10.03.2020, 11:19
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Re: Fired, but taken option to resign, RAV

Start looking for a job ASAP and apply to 10-12 each month. I don't know whether RAV penalizes you or not because you have resigned but you will definitely be penalized if you cannot prove you have started searching a new job as soon as you lost your old one.
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  #22  
Old 12.03.2020, 00:09
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Re: Fired, but taken option to resign, RAV

The termination letter was received before the invitation to change to a resignation, which to be fair was not pressured. I told Rav I was fired straight away, and then explained the situation.

Even if I claim I resigned until Iím blue in the face, and sign 100 letters, the facts are that I was terminated. The company instigated the termination.

I can write anything afterwards, but do they mean anything?
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  #23  
Old 12.03.2020, 09:00
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Re: Fired, but taken option to resign, RAV

You'll only know for sure by talking to the RAV. All you get here are opinions. Some informed, others not.
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  #24  
Old 12.03.2020, 09:27
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Re: Fired, but taken option to resign, RAV

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The termination letter was received before the invitation to change to a resignation, which to be fair was not pressured. I told Rav I was fired straight away, and then explained the situation.
Do you have a copy of the termination letter? If so take it to RAV, let us know how it goes. Good luck!
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  #25  
Old 12.03.2020, 09:28
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Re: Fired, but taken option to resign, RAV

Good luck OP! Do take Kediīs advice and start applying now?
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  #26  
Old 12.03.2020, 09:43
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Re: Fired, but taken option to resign, RAV

The RAV/ Kasse process should be as follows:

1. Employee: completes Application for Unemployment Compensation form answering questions about who terminated whom and attaches copy of termination letter.

2. Employer: completes Employer's Certificate indicating who terminated whom.

Other possible steps:

1. Employee indicates to RAV adviser the circumstances surrounding who terminated whom.

2. Kasse notes possible discrepancy between Employee and Employer's versions of what occurred and requests a written Position (Stellungnahme) from Employee and from Employer.

Based on known facts, Kasse takes decision whether termination was self-caused and extent that it was self-caused and assesses penalty days (Einstelltage) as appropriate.

Self-caused termination can result in up to 60 penalty days. Jobs.ch says that 30 to 40 penalty days are most common for self-termination.

Also see translations of Application for Unemployment Compensation (post 4, Q 18-20) and Employer's Certificate (post 7, Q 10-13):

https://www.englishforum.ch/employme...ranslated.html
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  #27  
Old 12.03.2020, 14:03
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Re: Fired, but taken option to resign, RAV

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Don't take the "give you the option to resign" bait. You will be penalised on any compensation received from RAV.
Having clear information about how the RAV treats resigning vs getting fired, I fail to understand why the companies even offer this to employees. what benefit do the company have if an employee resigns vs gets fired? clearly the employee is always in a unfavorable situation if he resigns, because RAV will definitely penalize.. except for the fear of the employee that it does not reflect well for future job prospects, there is clearly a monetary impact w.r.t missed payment from RAV because of the penalties.


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  #28  
Old 12.03.2020, 18:50
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Re: Fired, but taken option to resign, RAV

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Having clear information about how the RAV treats resigning vs getting fired, I fail to understand why the companies even offer this to employees. what benefit do the company have if an employee resigns vs gets fired? clearly the employee is always in a unfavorable situation if he resigns, because RAV will definitely penalize.. except for the fear of the employee that it does not reflect well for future job prospects, there is clearly a monetary impact w.r.t missed payment from RAV because of the penalties.


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The contract will be extended if you fall ill during the notice period, or if you have an accident that renders you unable to work. A contract will usually end at a month's end, so an extension by one day will usually result in an extension of one month; an extension by one month plus one or more days results in an extension by two months, and so forth.

Let's say your contract is to end July 30. You fall ill for one day during the notice period so it's extended into August, thus the contract now ends August 31. Now, you fall ill for another 20 days, in which case 20 additional days of August are "used", no additional extension. Then you fall ill for another 10 days, so all remaining days of August are "used", no additional extension. After that, one additional day "uses" September 1, in which case the contract is extended once more, this time until September 30. This game can continue until the full number of days of the original notice period have been used up without you being ill.

However, the number of ill days is limited, depending on how long your contract has already run. If you have a Taggeldversicherung, I believe this overrules this legal duration and limits it to 720 days.

This only applies if the employer has terminated your contract. If the employee cancels, the contract won't be extended by being ill or having an accident.

Last edited by Urs Max; 12.03.2020 at 19:03.
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  #29  
Old 12.03.2020, 19:08
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Re: Fired, but taken option to resign, RAV

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Having clear information about how the RAV treats resigning vs getting fired, I fail to understand why the companies even offer this to employees. what benefit do the company have if an employee resigns vs gets fired? clearly the employee is always in a unfavorable situation if he resigns, because RAV will definitely penalize.. except for the fear of the employee that it does not reflect well for future job prospects, there is clearly a monetary impact w.r.t missed payment from RAV because of the penalties.


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Because unfortunately employees are often unaware of the consequences.Companies tend to sell the possibility of resigning as a "charity" for the employee, however this is far from being true. Quite the opposite, actually.
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  #30  
Old 13.03.2020, 08:23
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Re: Fired, but taken option to resign, RAV

You need to play the end game on this, and this is increasing your chances of finding another job. The milk is spilt, the only difference is around 2-3 months of unemployment benefits.

Right now this means engaging with your employer to get a positive, uncoded reference letter. Ideally you want it to include in the last paragraph that they regret you leaving. If this is not there it indicates you did not leave on positive terms. Unfortunately even in court you can't alter this (I learnt that from experience).
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  #31  
Old 13.03.2020, 15:41
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Re: Fired, but taken option to resign, RAV

I feel sorry for you mate. Been there, done that, got the t-shirt.

Itís miserable going to RAV. Thank your lovely coworkers for putting you in this situation.
They donít deserve you. My advice is to take your talents outside of Switzerland.
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