When you have been dismissed, it is first necessary to ensure that the notice period has been respected. If no notice period was contractually specified, the notice periods stipulated by the Swiss Code of Obligations apply (Articles 335b and 335c para. 1 CO).
It is important to register for unemployment benefits no later than the first day for which you are claiming unemployment insurance benefits. Registration can be done either at a regional employment office (ORP) near you or at your local municipal administration.
Additionally, it is crucial to begin looking for a new job immediately upon receiving your termination letter. In this regard, your regional employment office will require you to provide proof of your job search efforts.
Let's now look at the rights and obligations of those registered as unemployed.
The unemployed have the following rights:
They can receive unemployment benefits under certain conditions (must be domiciled in Switzerland, have completed compulsory education, not yet be of age to qualify for an old-age pension, have worked for at least twelve months within the last two years, or be exempt from contributions [e.g., due to studies], and be job-ready).
They can also benefit from various services (job search advice, job vacancy suggestions matching their profile, access to active measures, etc.). They also have the right to receive written and reasoned decisions.
The unemployed also have the following duties:
Regularly search for employment and provide proof of their search efforts.
Submit the job search form to the ORP no later than the 5th of the following month.
Accept any suitable job. The term "suitable" here is a legal term that excludes personal preferences or subjective notions about the job.
Agree to actively participate in labor market measures.
Submit the “Indications of the Insured Person” form to the unemployment insurance fund.
Report any changes in their situation (e.g., employment, self-employment, or volunteer work, health status, personal status) to the ORP advisor and the unemployment insurance fund.
Generally, be reachable within a day.
Generally follow the instructions of the unemployment insurance authorities.
When insured individuals fail to meet their obligations, whether intentionally or not, the unemployment insurance authorities must sanction these breaches. For example, if the person has given their employer reasons to dismiss them (i.e., if they are unemployed due to their own fault), they may face a temporary suspension of their entitlement to benefits. Sanctions can be either administrative or penal.
If you wish to obtain more information on this matter, our team of professionals will be pleased to welcome you to our offices located at rue du Valentin 1, 1004 Lausanne, to advise and assist you with your legal matters.
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