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Old 05.09.2021, 14:32
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Legal or illegal to apply the unemployment help during the pandemic

Hello everyone,

I need help from you all to give me the advise. I live in Lausanne, but I work in Zurich, during the pandemic, I still work as normal as the signing contract (100%). I received the salaries as normal, however I found out that my boss applied for the unemployment helps for me due to the Covid 19 (declare 80%). I'd like to know if is it legal to apply while your employee still works as normal. For what I knew about the temporary unemployment (chomage), it applied for employees who didn't work & got help from Government for the short term during the pandemic. In this situation, is it legal for the boss to apply, to get money from the Government but still ask the employees to work.

I really need advises from you all, to know exactly if it affects the employees.

Hope you all have a great afternoon
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Old 05.09.2021, 14:40
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Re: Legal or illegal to apply the unemployment help during the pandemic

We need some more info. What does "I found out" mean? Hearsay? Gossip? Speculation? Found a document detailing it? Were sent a document in error detailing it? Were asked to sign something detailing it?
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Old 05.09.2021, 18:52
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Re: Legal or illegal to apply the unemployment help during the pandemic

no it's not legal
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Old 05.09.2021, 19:45
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Re: Legal or illegal to apply the unemployment help during the pandemic

Regular unemployment money (in French "chommage", in German "Arbeitslosengeld") is paid out to employees who no longer have a job, i.e. who are not employed. Or else to those who are employed on a lesser contract, for example if they used to work 100% but the company reduced their working hours and contract to 60%, then they'd be able to go to claim unemployment benefits (and must look for a new job) for the 40% they've lost.

The claim for unemployment benefits is made directly by the unemployed person, who is then required to demonstrate that they are making an effort to find a new job.


On the other hand, the Swiss government introduced special rules to cover employers and employees whose work is reduced during the ununsual circumstances of Covid. The application for such moneys is made by the employer, not by the employee.

If an employer does not have enough business, so that the employees remain employed (with unchanged contracts) but have much less work to do not be able to work at all (for example restaurant staff during the strict covid restrictions), then the employer can apply for support from the government, to bridge this difficult time.

In German, this is called "Kurzarbeit" which, literally translated, means "short work", and it is paid out by the "Arbeitslosenversicherung (ALV)". In French, this is "réduction de l’horaire de travail (RHT)". It is paid out by the "l’assurance-chômage (AC)".

https://www.seco.admin.ch/seco/de/ho...urzarbeit.html (German)
https://www.seco.admin.ch/seco/fr/ho...urzarbeit.html (French)

For an employee, it would not be legal (and would be a lot of extra effort, for nothing) to try to claim money from the unemployment office while still fully employed.
For the employer, it would not be legal (but may be very profitable, for a dishonest employer) to claim the emergency support from the unemployment office while the employer still has work for the employee to do.
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Old 05.09.2021, 19:47
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Re: Legal or illegal to apply the unemployment help during the pandemic

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I live in Lausanne, but I work in Zurich, during the pandemic, I still work as normal as the signing contract (100%). I received the salaries as normal, however I found out that my boss applied for the unemployment helps for me due to the Covid 19 (declare 80%).
You seem to be talking about KurzArbeitsEntschädigung (KAE). Generally, it's illegal for the employer to apply for that governmental help without needing it. However it's possible that only some employees of the same company get KAE while others don't. For instance there may be 0% work for some employees, 40% for others (both get help) while still others keep working 100% because there's enough work for them, all in the same company.

Where the employer applies for KAE for an employee, those employees need to agree to working temporarily reduced hours (the 80% you mention) by signing a form. The hours actually worked are reported, as proof, and the help paid ever month.

Are you sure the employer did get KAE for you? Did you sign something saying you'll work reduced hours? Or do you think that the forms are filed with someone else signing them?
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Old 05.09.2021, 19:57
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Re: Legal or illegal to apply the unemployment help during the pandemic

What % are you being paid?

100%, or less?

Tom
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