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Old 16.04.2020, 09:33
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Laid Off Circumstances

Hi everyone! Unfortunately, I have been laid off due to restructuring in Feb 2020 and currently on garden leave with Social Plan offer from my company until end of September 2020. I have not received the official termination letter yet. The termination notice period from my employer is 2 months (August and September 2020).

1) This is the first time being laid off in my life and I am quite depressed. I do not know the formalities in Switzerland and my HR department is currently closed due to COVID-19. Is there anything I should do/apply/request formally before/ after I receive my termination letter from my employer?

2) All services provided by the company's Social Plan is currently on-hold due to COVID-19. According to Swiss employment law, is there a possibility to ask for an extension of Social Plan period?

3) I was scheduled for a surgery and I will be on 1 or 2 week sick leave after the surgery. However, the surgery is postponed to an undefined date due to COVID-19. What is the implication if my surgery is done before and after I receive my termination letter?

4) I am currently applying for jobs intensively. If I do not find a job by September, I may go for RAV. If so, when is the suitable time to register for RAV? Should I go now? Or end of June 2020? Or end of September 2020?

5) I am married to a Swiss since August 2017 and have been living in Switzerland since 2012. From my understanding, I am eligible to apply for Swiss citizenship in August 2020 (being married to a Swiss for 3 years and living in Switzerland for more than 5 years). Will my Swiss citizenship be rejected if I am registered to RAV?

Thank you in advance for your replies. Stay safe!
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Old 16.04.2020, 10:03
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Re: Laid Off Circumstances

Regarding point 5, being on the RAV does not affect your eligibility for Swiss citizenship.
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Old 16.04.2020, 10:46
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Re: Laid Off Circumstances

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Hi everyone! Unfortunately, I have been laid off due to restructuring in Feb 2020 and currently on garden leave with Social Plan offer from my company until end of September 2020. I have not received the official termination letter yet. The termination notice period from my employer is 2 months (August and September 2020).

1) This is the first time being laid off in my life and I am quite depressed. I do not know the formalities in Switzerland and my HR department is currently closed due to COVID-19. Is there anything I should do/apply/request formally before/ after I receive my termination letter from my employer?

2) All services provided by the company's Social Plan is currently on-hold due to COVID-19. According to Swiss employment law, is there a possibility to ask for an extension of Social Plan period?

3) I was scheduled for a surgery and I will be on 1 or 2 week sick leave after the surgery. However, the surgery is postponed to an undefined date due to COVID-19. What is the implication if my surgery is done before and after I receive my termination letter?

4) I am currently applying for jobs intensively. If I do not find a job by September, I may go for RAV. If so, when is the suitable time to register for RAV? Should I go now? Or end of June 2020? Or end of September 2020?

5) I am married to a Swiss since August 2017 and have been living in Switzerland since 2012. From my understanding, I am eligible to apply for Swiss citizenship in August 2020 (being married to a Swiss for 3 years and living in Switzerland for more than 5 years). Will my Swiss citizenship be rejected if I am registered to RAV?

Thank you in advance for your replies. Stay safe!
Sorry to hear about this. Never easy. If it helps, being laid off is a professional risk that most of us face now. Important that you keep your spirits up and retain a positive outlook (I know easier said than done but I have been there and that helped me a lot).

On your points:
Termination will be after the social plan. So it is quite possible that you get a formal termination letter only after the social plan is over. Alternately they could issue a letter intimating that you will be terminated after the social plan duration. If you have not recd. anything yet, I would wait.
You can definitely ask for an extention but they may not agree as they continue to pay your salary and benefits through the period.
Check with an employment lawyer re. the Sick Leave question. If you proceed on sick leave, the plan should be held in abeyance. As long as the surgery happens ahead of the formal termination date i.e. the end of the social plan, you should be fine. Post termination, then there is no obligation.
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Old 16.04.2020, 10:49
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Re: Laid Off Circumstances

What is a Social Plan?
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Old 16.04.2020, 11:42
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Re: Laid Off Circumstances

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What is a Social Plan?
Extra time between when the tell you they intend to terminate you and when they actually do. You are on gardening leave, usually get paid training and support to find a new position. Usually happens when they let a lot of people go at the same time
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Old 16.04.2020, 15:30
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Re: Laid Off Circumstances

Regarding p4, you should sign up to rav 3 months before your last day on payroll. Also use their online form and record all job applications you make already NOW.
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Old 21.04.2020, 09:37
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Re: Laid Off Circumstances

Thanks everyone for your replies! Very helpful of you.

I got internal news from my ex-colleague that the official termination letter from my employer should be sent out in May to notify the termination for 31 September. I am currently on garden leave till Sept. Does it mean that my termination will be postponed to 2 weeks longer, ie. 15 October (due to my 2-week sick leave during garden leave)?

Recently my friend would like me to be a partner of her start-up company. I am just wondering if partnering/ owning a start-up company will disqualify me from RAV registration?

Appreciate your replies. Please stay healthy and safe!
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Old 21.04.2020, 10:21
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Re: Laid Off Circumstances

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Recently my friend would like me to be a partner of her start-up company. I am just wondering if partnering/ owning a start-up company will disqualify me from RAV registration?
If it generates an income similar to your original salary, yes. Otherwise, likely no - it just shows RAV that you are making an effort to make a living again. I'm sure there are official rules for this, which I don't have access to. Just continue to actively apply for roles and keep a record of them, RAV will request this.

Best wishes and luck to you.
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Old 21.04.2020, 14:52
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Re: Laid Off Circumstances

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If it generates an income similar to your original salary, yes. Otherwise, likely no - it just shows RAV that you are making an effort to make a living again. I'm sure there are official rules for this, which I don't have access to. Just continue to actively apply for roles and keep a record of them, RAV will request this.

Best wishes and luck to you.
If I remember correctly, RAV supports business set-up phase and pays first 3 months of your salary while startup operates, but that's it, you are on your own after that. Meaning, it is better to put eggs in different baskets and do something else than your wife does.
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Old 22.04.2020, 11:30
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Re: Laid Off Circumstances

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Regarding point 5, being on the RAV does not affect your eligibility for Swiss citizenship.
If I recall correctly the 2018 amendment to the naturalization law, one condition is that the person seeking naturalization must not have received any social welfare in the preceding 3 years. Isn't that the case?
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Old 22.04.2020, 11:50
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Re: Laid Off Circumstances

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If I recall correctly the 2018 amendment to the naturalization law, one condition is that the person seeking naturalization must not have received any social welfare in the preceding 3 years. Isn't that the case?
It was duscussed many times here that RAV is not considered social welfare, it is rather an unemployment insurance.
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Old 22.04.2020, 12:23
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Re: Laid Off Circumstances

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If I remember correctly, RAV supports business set-up phase and pays first 3 months of your salary while startup operates

Yes, but it is literally only for the admin startup phase - the moment the business starts trading, whether profitably or not, the support stops.
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Old 22.04.2020, 13:57
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Re: Laid Off Circumstances

As for the implications of surgery: the date of extending the termination letter and garden leave as such are not really relevant for that. If it is a termination issued by the employer, sick leave (incl. surgery) during the actual notice period, i.e., Aug-Sep in your case, would prolong the notice period. The new termination date would have to be the end of a month so this prolongation would add one full month to the notice.
However, this is only the case if it is a termination by the employer. If it is a mutual termination agreement signed by both parties (or if you had resigned), sick leave has no impact on the exit date.
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Old 07.05.2020, 11:03
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Re: Laid Off Circumstances

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As for the implications of surgery: the date of extending the termination letter and garden leave as such are not really relevant for that. If it is a termination issued by the employer, sick leave (incl. surgery) during the actual notice period, i.e., Aug-Sep in your case, would prolong the notice period. The new termination date would have to be the end of a month so this prolongation would add one full month to the notice.
However, this is only the case if it is a termination by the employer. If it is a mutual termination agreement signed by both parties (or if you had resigned), sick leave has no impact on the exit date.
Thanks for your kind advice.

If my sick leave falls on both months of the notice period (Aug and Sept), for example 25 August until 05 September 2020, does it mean that the termination will be prolong for 2 full months?

For sick leave during garden leave (now until end of July) and not notice period, there is no implication on the termination. Am I obliged to tell my HR about my sick leave for this case?
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Old 07.05.2020, 11:10
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Re: Laid Off Circumstances

Probably not a great idea to try and diddle an extra month or two out of your current employer, Switzerland is very small and highly incestuous, it will probably come back and bite you in the ass at some point.


Accept you been fired for whatever reason, learn to live with it and move on, plenty of other opportunities are awaiting you.
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