Hopefully, this will never happen. But if you unexpectedly lose your job in Switzerland, there are some things you should do – the sooner the better.
Whether you are a Swiss national or a foreign resident who has been working in Switzerland on a permit, you are entitled to certain processes under the country’s labour legislation – and that includes during termination.
Keep in mind that you are entitled to these processes regardless of how you lost your job – whether you were fired, or perhaps your company moved out of the area, declared bankruptcy, or for any other reason.
Also, these rules concern people who have already passed their trial period of three months and were officially hired; during the trial period, no such rules apply.
This is what you are entitled to under the law:
First: Check you were fired / made redundant legally
Except in extreme cases when an employee is caught red-handed stealing or committing other criminal offences, any dismissal or redundancy has to follow due process.
These rules are typically spelled out in your employment contract or the collective labour agreement (CLA), if your company has one.
For instance, it defines whether you should your receive your termination letter by mail or whether verbal notification is sufficient.
There is also the notice period that needs to be respected – this too is included in the contract.
Another thing to keep in mind is that you cannot be dismissed while unable to work due to illness or accident (with a medical certificate), with ‘grace periods’ depending on how many years you have worked for the company.
And you also can’t be fired during pregnancy and for 16 weeks after giving birth.
Next: Make sure you get a reference letter
Swiss employers are legally obligated to provide employees with a reference letter upon request.
Now, assuming you were not let go because of gross misconduct, you will need this reference letter when applying for other jobs.
READ ALSO: Must my Swiss employer give me a reference letter?
As in so many other areas of Swiss life, the content of an employment reference letter must also adhere to certain rules.
The first and foremost rule is that this document should not contain any subjective perceptions of you as a person or an employee.
Instead, it should be a truthful and non-acrimonious assessment of your performance. And it should be as “sympathetic” as factually possible.
Therefore, it will either be filled with praise for your performance (if justified), or be matter-of-fact, containing only bare minimum required under the law, such as your name, date of birth, date of employment, title/function, and what position(s) you held.
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Sign up for unemployment
Register with your regional employment office (RAV) immediately to begin receiving unemployment benefits.
If you have been legally working in Switzerland and contributing to the social insurance scheme, then you are entitled to receive unemployment benefits.
If you have a B or C permit, you will receive unemployment benefits, as long as you have been working in Switzerland for at least 12 months in the last two years and have been living in the country full time during that period.
The ‘permanent residency’ requirement excludes cross-border workers, but there are other provisions for them in place in case of a job loss-
As far as short-term permit L is concerned, which is issued for residency periods of three months up to a year, you are not entitled to collect unemployment benefits, but you are allowed to remain in Switzerland to look for another job after getting a special permission to do so from your cantonal immigration office.
READ ALSO: What unemployment benefits are foreign workers in Switzerland entitled to?
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Follow the rules
Being unemployed in Switzerland is not just about drawing benefits. You have some responsibilities to fulfil as well.
For instance, the unemployment office will expect you to actively participate in finding a new job — or accept the one they find for you.
To prove that you are not sitting idly but are pro-active in your job search, you have to provide evidence to your local unemployment office each month that you are indeed looking for a job.
You can do this, for instance, by sending them copies of your job applications and any eventual responses you receive from prospective employers.
So, even though you lost your job, being unemployed is hard work!
READ ALSO: The Swiss employment laws you need to know if you get fired
