Go Back   English Forum Switzerland > Help & tips > Employment  
 
Thread Tools Display Modes
  #1  
Old 14.09.2020, 16:13
Junior Member
 
Join Date: Jun 2020
Location: Zug
Posts: 76
Groaned at 1 Time in 1 Post
Thanked 16 Times in 10 Posts
coolbeanz has earned some respectcoolbeanz has earned some respect
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!
  #2  
Old 14.09.2020, 16:35
Forum Veteran
 
Join Date: Aug 2014
Location: Switzerland
Posts: 1,404
Groaned at 24 Times in 19 Posts
Thanked 1,045 Times in 618 Posts
Meerkat33 is considered knowledgeableMeerkat33 is considered knowledgeableMeerkat33 is considered knowledgeable
Re: What are the rights of a B permit holder in case of redundancy?

Quote:
View Post
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
This user would like to thank Meerkat33 for this useful post:
  #3  
Old 14.09.2020, 17:55
venetian's Avatar
Senior Member
 
Join Date: Jun 2016
Location: Zuerich
Posts: 487
Groaned at 2 Times in 2 Posts
Thanked 556 Times in 266 Posts
venetian has a reputation beyond reputevenetian has a reputation beyond reputevenetian has a reputation beyond reputevenetian has a reputation beyond repute
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
This user would like to thank venetian for this useful post:
  #4  
Old 14.09.2020, 19:42
Junior Member
 
Join Date: Jun 2020
Location: Zug
Posts: 76
Groaned at 1 Time in 1 Post
Thanked 16 Times in 10 Posts
coolbeanz has earned some respectcoolbeanz has earned some respect
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?
  #5  
Old 14.09.2020, 20:05
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,384
Groaned at 458 Times in 351 Posts
Thanked 23,087 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: What are the rights of a B permit holder in case of redundancy?

Quote:
View Post
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.
This user would like to thank fatmanfilms for this useful post:
  #6  
Old 15.09.2020, 07:33
venetian's Avatar
Senior Member
 
Join Date: Jun 2016
Location: Zuerich
Posts: 487
Groaned at 2 Times in 2 Posts
Thanked 556 Times in 266 Posts
venetian has a reputation beyond reputevenetian has a reputation beyond reputevenetian has a reputation beyond reputevenetian has a reputation beyond repute
Re: What are the rights of a B permit holder in case of redundancy?

Quote:
View Post
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.
This user would like to thank venetian for this useful post:
  #7  
Old 15.09.2020, 09:10
Junior Member
 
Join Date: Jun 2020
Location: Zug
Posts: 76
Groaned at 1 Time in 1 Post
Thanked 16 Times in 10 Posts
coolbeanz has earned some respectcoolbeanz has earned some respect
Re: What are the rights of a B permit holder in case of redundancy?

Many thanks for the clarification!
  #8  
Old 15.09.2020, 10:03
Junior Member
 
Join Date: Jun 2020
Location: Zug
Posts: 76
Groaned at 1 Time in 1 Post
Thanked 16 Times in 10 Posts
coolbeanz has earned some respectcoolbeanz has earned some respect
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
  #9  
Old 15.09.2020, 10:24
Banned
 
Join Date: Sep 2020
Location: Zurich
Posts: 82
Groaned at 14 Times in 10 Posts
Thanked 14 Times in 11 Posts
SandyDown has no particular reputation at present
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)
This user would like to thank SandyDown for this useful post:
  #10  
Old 15.09.2020, 16:55
Junior Member
 
Join Date: Jun 2020
Location: Zug
Posts: 76
Groaned at 1 Time in 1 Post
Thanked 16 Times in 10 Posts
coolbeanz has earned some respectcoolbeanz has earned some respect
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.
 

Tags
redundancy, unemployment, unemployment benefit




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Need info: employee rights in case of bankruptcy ivandotru Employment 27 10.02.2021 10:33
Voting rights for B permit holder wpqs Swiss politics/news 9 15.10.2017 07:11
[LGBT rights in employment] What do you think of this case? happyrobbie Employment 25 31.07.2014 20:19
In case of unemployment, rights and duties. Gaggiol0 Employment 15 23.10.2009 22:29
Options for EU B-permit holder and non-EU L-permit holder fiancee? ainz Permits/visas/government 7 08.10.2007 18:49


All times are GMT +2. The time now is 04:07.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0