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Question regarding employment rights and chomage in Geneva

Howdy Glocals,


I'm posting this on behalf of a Glocals member who (understandably) would prefer to remain anonymous.


If you have some knowlege that could help, please reply on this forum.


Thanks,
Oded


================================== 


Hello everybody,

The situation at my work is turning out to be a bit unstable as there could be some refundancies/ lay offs.

I.e. they can end some contracts due to economical reasons.

My questions are:

1) Is there an association in geneva canton where one can ask for advise or take legal consultant? 

2) meanwhile any idea what I can do /or what I  should not do to be sure that my chomage is secure until I find a new job...incase of redundancy.

3) In case permit expiring, is the chomage still applicable?


About me:

EU national
On a B Permit which expires end of 2017

Many thanks in advance

The text you are quoting:

Howdy Glocals,


I'm posting this on behalf of a Glocals member who (understandably) would prefer to remain anonymous.


If you have some knowlege that could help, please reply on this forum.


Thanks,
Oded


================================== 


Hello everybody,

The situation at my work is turning out to be a bit unstable as there could be some refundancies/ lay offs.

I.e. they can end some contracts due to economical reasons.

My questions are:

1) Is there an association in geneva canton where one can ask for advise or take legal consultant? 

2) meanwhile any idea what I can do /or what I  should not do to be sure that my chomage is secure until I find a new job...incase of redundancy.

3) In case permit expiring, is the chomage still applicable?


About me:

EU national
On a B Permit which expires end of 2017

Many thanks in advance


SiteAdmin OdedJul 17, 2017 @ 15:21
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Re: Question regarding employment rights and chomage in Geneva
Post 1

Go see this NGO in Geneva, they are experts and very helpful.


 


http://www.adc-ge.ch/


 


 

The text you are quoting:

Go see this NGO in Geneva, they are experts and very helpful.


 


http://www.adc-ge.ch/


 


 


geojusto, Jul 17, 2017 @ 15:35
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Re: Question regarding employment rights and chomage in Geneva
Post 2

As you are an EU citizen the permit thing should be fine.  Non EU and permit running out would be a different story


The RAV/Chomage are interested to ensure everything is done by the book, for obvious reasons, if your employer hasnt, maybe they can delay paying you if your employer still should.  They also have contacts that can review your case for free, on a first come first serve basis (at least they have in Zurich)


Maybe the best bet though is to use your legal insurance.  There should be no excess on your policy, at least up to 250K or something.  You pay for it so use it.  Ask them to review your case, but you should have some reason for questioning the decision of your employer so to guide the solicitors on what they should look at in your case


The reality is, inSwitzerland your notice period is about the only employment right you have, if they pay up the chances are thats their only obligation.


As for claiming, how bad has it got where you work?  HR wont advise you guys?  If you paid into the system for 18 months, then all should be fine.  Go down there when you have been given official notice, get the ball rolling and they will tell you the rest

The text you are quoting:

As you are an EU citizen the permit thing should be fine.  Non EU and permit running out would be a different story


The RAV/Chomage are interested to ensure everything is done by the book, for obvious reasons, if your employer hasnt, maybe they can delay paying you if your employer still should.  They also have contacts that can review your case for free, on a first come first serve basis (at least they have in Zurich)


Maybe the best bet though is to use your legal insurance.  There should be no excess on your policy, at least up to 250K or something.  You pay for it so use it.  Ask them to review your case, but you should have some reason for questioning the decision of your employer so to guide the solicitors on what they should look at in your case


The reality is, inSwitzerland your notice period is about the only employment right you have, if they pay up the chances are thats their only obligation.


As for claiming, how bad has it got where you work?  HR wont advise you guys?  If you paid into the system for 18 months, then all should be fine.  Go down there when you have been given official notice, get the ball rolling and they will tell you the rest


peaky, Jul 17, 2017 @ 16:11
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Re: Question regarding employment rights and chomage in Geneva
Post 3

Hello, on any questions related to chômage rights, you might want to contact the Association de Défense des Chômeur-se-s (ADC) here in Geneva, they have a juriste, and persons who are extremely knowledgeable on all aspects of chômage.


However, you must speak and understand reasonably good French.


Call for an appointment, services are entirely free, donation box at the entrance.


http://www.adc-ge.ch/prestations


 

The text you are quoting:

Hello, on any questions related to chômage rights, you might want to contact the Association de Défense des Chômeur-se-s (ADC) here in Geneva, they have a juriste, and persons who are extremely knowledgeable on all aspects of chômage.


However, you must speak and understand reasonably good French.


Call for an appointment, services are entirely free, donation box at the entrance.


http://www.adc-ge.ch/prestations


 


evanescence, Jul 17, 2017 @ 19:52
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Re: Question regarding employment rights and chomage in Geneva
Post 4

I’m sorry you’re going through this stress and hopefully with some advice you can at least be more confident about your rights.


Another place that might be useful is the Ordre des Avocats de Geneve, although they do charge for a session, but possibly still a lot cheaper than a specific lawyer and if you don’t have a legal insurance. https://www.odage.ch/particuliers/permanence I am not sure if you need to know French, it would probably depend on the lawyer you get to speak to.


The chomage would expect you to be able to prove that before being made redundant you have been making a reasonable effort to look for jobs, so start taking note of any applications you submit – usually for the same period as your formal notice period. Also take note of any networking efforts, like contacting people in other organizations etc as these also sometimes count as “efforts”. 


Start preparing all your contracts and payslips for the last two years, as you will need to show these. Have a look at this website https://demain.ge.ch/inscrire-au-chomage


In terms of your Permis B, I had once read that in principle you should be allowed to stay as long as you would be entitled to unemployment payments, but I am not sure where, and if this applies if your permit has expired. (have a look at this? https://www.admin.ch/opc/en/classified-compilation/20020232/index.html )  Maybe contact the Office de la Population in Geneva (and make sure you have all your papers from the time you have been here and, importantly, made social contributions). Also, if you are being made redundant as part of staff cuts, maybe ask your HR if they can help with this? If redundancy negotiations and your notice period extend to near the end of the year perhaps they could help with the renewal right before your contract ends?


Best of luck!


 

The text you are quoting:

I’m sorry you’re going through this stress and hopefully with some advice you can at least be more confident about your rights.


Another place that might be useful is the Ordre des Avocats de Geneve, although they do charge for a session, but possibly still a lot cheaper than a specific lawyer and if you don’t have a legal insurance. https://www.odage.ch/particuliers/permanence I am not sure if you need to know French, it would probably depend on the lawyer you get to speak to.


The chomage would expect you to be able to prove that before being made redundant you have been making a reasonable effort to look for jobs, so start taking note of any applications you submit – usually for the same period as your formal notice period. Also take note of any networking efforts, like contacting people in other organizations etc as these also sometimes count as “efforts”. 


Start preparing all your contracts and payslips for the last two years, as you will need to show these. Have a look at this website https://demain.ge.ch/inscrire-au-chomage


In terms of your Permis B, I had once read that in principle you should be allowed to stay as long as you would be entitled to unemployment payments, but I am not sure where, and if this applies if your permit has expired. (have a look at this? https://www.admin.ch/opc/en/classified-compilation/20020232/index.html )  Maybe contact the Office de la Population in Geneva (and make sure you have all your papers from the time you have been here and, importantly, made social contributions). Also, if you are being made redundant as part of staff cuts, maybe ask your HR if they can help with this? If redundancy negotiations and your notice period extend to near the end of the year perhaps they could help with the renewal right before your contract ends?


Best of luck!


 


J. F, Jul 21, 2017 @ 16:55
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Re: Question regarding employment rights and chomage in Geneva
Post 5

Can anyone share what normally should be a redundancy package? I know it is negotiable but no clue how it could be. 

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Can anyone share what normally should be a redundancy package? I know it is negotiable but no clue how it could be. 


Jessica G, Aug 18, 2017 @ 16:02
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Re: Question regarding employment rights and chomage in Geneva
Post 6

 


The package that the employer shall pay in case of termination of an employment agreement signed for an unlimited duration is rather limited (for private companies): 1) a possible package negotiated in the employment agreement prevails, if more favorable than the law; 2) by law, the employer is in principle only liable to pay the salary for the termination period (one month, for the end of a month, after the probation period; two months, from 2nd year of employment to 9th year; and three months thereafter). In addition, the employee may sometimes claim some additional amounts: holidays not taken, overtime not compensated, wilful termination, etc.

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The package that the employer shall pay in case of termination of an employment agreement signed for an unlimited duration is rather limited (for private companies): 1) a possible package negotiated in the employment agreement prevails, if more favorable than the law; 2) by law, the employer is in principle only liable to pay the salary for the termination period (one month, for the end of a month, after the probation period; two months, from 2nd year of employment to 9th year; and three months thereafter). In addition, the employee may sometimes claim some additional amounts: holidays not taken, overtime not compensated, wilful termination, etc.


Per P, Aug 25, 2017 @ 17:24
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Re: Question regarding employment rights and chomage in Geneva
Post 7

I have been working for the same company for 11 years in Geneva and have been made redundant with 3 months notice and only one months severance package. While I agree with the notice period, surely I should be offered 2 months severance pay or is is it really up to the company to decide what is fair?


My colleague who has only been with the company for 6 years hasn’t been made redundant, but has already been offered a position in the company without this being advertised or going through an interview process.


Would it be worth my while to spend some money on getting professional legal advice or should I just accept what has come my way and move on?


Any advice would be greatly appreciated.


 


 

The text you are quoting:

I have been working for the same company for 11 years in Geneva and have been made redundant with 3 months notice and only one months severance package. While I agree with the notice period, surely I should be offered 2 months severance pay or is is it really up to the company to decide what is fair?


My colleague who has only been with the company for 6 years hasn’t been made redundant, but has already been offered a position in the company without this being advertised or going through an interview process.


Would it be worth my while to spend some money on getting professional legal advice or should I just accept what has come my way and move on?


Any advice would be greatly appreciated.


 


 


Tracey S, Nov 15, 2017 @ 15:33
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Re: Question regarding employment rights and chomage in Geneva
Post 8

As far as I know, you are not entitled to any pay.  Only 3 months notice, which they can choose to put you on gardening leave for or have you work it.  Anything else you get is pretty generous.


Generally the employement law here favours the employers.


You could ask your legal insurance to look into it, which will be free for you.  If you dont have legal insurance I really wouldnt bother, if there is anything fishy with the deal the RAV will pick it up when you go and meet them.

The text you are quoting:

As far as I know, you are not entitled to any pay.  Only 3 months notice, which they can choose to put you on gardening leave for or have you work it.  Anything else you get is pretty generous.


Generally the employement law here favours the employers.


You could ask your legal insurance to look into it, which will be free for you.  If you dont have legal insurance I really wouldnt bother, if there is anything fishy with the deal the RAV will pick it up when you go and meet them.


peaky, Nov 15, 2017 @ 15:50
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