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Old 14.09.2020, 16:13
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What are the rights of a B permit holder in case of redundancy?

Ever the pessimist, I'm curious to know what my rights are in case of job loss in Switzerland.

My circumstances are as follows:

- I hold a B permit valid for 5 years;
- I have been working in Switzerland since 1 July 2020;
- I hold a permanent employment contract with a Swiss entity;
- My contract states that I have been in continuous employment since 1 May 2017 (albeit under a Dutch entity prior to my relocation).

My questions are as follows:

1. How much notice period is my employer required to give me? My contract simply states "statutory notice period".
2. Am I entitled to any statutory severance pay from my employer? There is no mention of it in my contract.
3. How long am I permitted to remain in Switzerland after the termination of my contract by my employer?
4. Am I entitled to any unemployment benefits following the termination of my contract?

Thank you in advance for your help!
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  #2  
Old 14.09.2020, 16:35
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Re: What are the rights of a B permit holder in case of redundancy?

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Ever the pessimist, I'm curious to know what my rights are in case of job loss in Switzerland.

My circumstances are as follows:

- I hold a B permit valid for 5 years;
- I have been working in Switzerland since 1 July 2020;
- I hold a permanent employment contract with a Swiss entity;
- My contract states that I have been in continuous employment since 1 May 2017 (albeit under a Dutch entity prior to my relocation).

My questions are as follows:

1. How much notice period is my employer required to give me? My contract simply states "statutory notice period".
2. Am I entitled to any statutory severance pay from my employer? There is no mention of it in my contract.
3. How long am I permitted to remain in Switzerland after the termination of my contract by my employer?
4. Am I entitled to any unemployment benefits following the termination of my contract?

Thank you in advance for your help!
1. 1 month (first year of employment)
2. I don't believe so
3. I think until permit is not renewed or revoked
4. I think the time working in a EU/AELS country is taken into account so this is possible
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  #3  
Old 14.09.2020, 17:55
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Re: What are the rights of a B permit holder in case of redundancy?

I confirm the answers for 1, 2 and 3.
B permit is not revoked if you are unemployed.

I think this is relevant for #4 (see question number 2):

https://www.arbeit.swiss/secoalv/en/...edien/faq.html
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Old 14.09.2020, 19:42
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Re: What are the rights of a B permit holder in case of redundancy?

Many thanks for the help.

I'm still a little unclear on #4.

According to:
Contribution period
You have to show that you have paid contributions for at least 12 months during the past two years (qualifying period for contributions), before first applying, i.e. you have worked as an employee.
...
The period of paying contributions also includes:
Contribution period in an EU/EFTA country as an EU/EFTA citizen, if you had last worked as an employee in Switzerland in a position subject to contributions; For cross-border commuters domiciled in Switzerland the accrediting also applies when they did not last work as an employee in Switzerland in a position subject to contributions;

I have worked for more than 3 years in the Netherlands. Does this mean that my contribution requirement has been fulfilled and that I would be entitled to the unemployment benefits straight away?
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Old 14.09.2020, 20:05
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Re: What are the rights of a B permit holder in case of redundancy?

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Many thanks for the help.

I'm still a little unclear on #4.

According to:

Contribution period
You have to show that you have paid contributions for at least 12 months during the past two years (qualifying period for contributions), before first applying, i.e. you have worked as an employee.
...
The period of paying contributions also includes:
Contribution period in an EU/EFTA country as an EU/EFTA citizen, if you had last worked as an employee in Switzerland in a position subject to contributions; For cross-border commuters domiciled in Switzerland the accrediting also applies when they did not last work as an employee in Switzerland in a position subject to contributions;

I have worked for more than 3 years in the Netherlands. Does this mean that my contribution requirement has been fulfilled and that I would be entitled to the unemployment benefits straight away?
Yes, insured salary based on last 6 months or last 12 months earnings, whichever is better for you.
You may have up to 1 months waiting period based on salary / kids plus any penalties applied.
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Old 15.09.2020, 07:33
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Re: What are the rights of a B permit holder in case of redundancy?

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I have worked for more than 3 years in the Netherlands. Does this mean that my contribution requirement has been fulfilled and that I would be entitled to the unemployment benefits straight away?
Yes.

What they want to exclude is people who work abroad then come to Switzerland without a job and immediately apply for RAV. You must have worked in CH for at least a little while.
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Old 15.09.2020, 09:10
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Re: What are the rights of a B permit holder in case of redundancy?

Many thanks for the clarification!
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Old 15.09.2020, 10:03
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Re: What are the rights of a B permit holder in case of redundancy?

One other question, if I may: assuming that I have met the contribution period requirement (when including my time spent working in the EU), for what duration would the unemployment benefits be paid out for?

From the table below, I presume it would be 400 working days, which is equivalent to approximately 1.5 years. Am I reading this correctly?



https://www.arbeit.swiss/secoalv/en/...edien/faq.html
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Old 15.09.2020, 10:24
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Re: What are the rights of a B permit holder in case of redundancy?

My advise if you don't have it yet, get some legal insurance to cover you through any work / redundancy legal situation and answer all your legal questions, what's your rights and employer's rights.

Another is that I can imagine you are very stressed and anxious about this situation, if this is the case and the stress is affecting you emotionally/or your ability to work, you could see your Dr and get a long sick leave, until you sort yourself, they wont be able to sack you or make you redundant while on sick leave ( *disclaimer well this is what I heard, never have been through it myself and am not a lawyer)
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Old 15.09.2020, 16:55
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Re: What are the rights of a B permit holder in case of redundancy?

Thanks for your feedback. To be honest, I don't feel like I'm at any imminent risk at the moment, but with the whole coronavirus crisis, I'd like to understand my options just in case. Moving abroad was a risky move at a time like this and I just want to know that I will have some support to lean on in case things go pear-shaped.
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