The Unemployment Insurance Act requires the insured to take all reasonable measures to avoid or shorten unemployment (Article 17 LACI). The law allows for the possibility of suspending the right to unemployment benefits when the insured does not comply with this obligation (Article 30 LACI).
Indeed, the insured's right to benefits is notably suspended when they become unemployed due to their own fault (Article 30 Paragraph 1 a LACI). This includes cases of resignation.
Article 44 Paragraph 1 OACI lists cases of culpable unemployment. Thus, a worker who has terminated their employment contract without first ensuring they have secured another job is considered unemployed due to their own fault and therefore sanctioned (Article 44 Paragraph 1 b OACI), unless it was unreasonable to expect them to continue in their previous employment.
The insured is sanctioned when three conditions are met:
The insured has voluntarily resigned;
The insured did not have the assurance of obtaining a new job at the precise moment they resigned from their contract;
No circumstances opposed the continuation of the employment relationship, meaning the job left is deemed suitable and the continuation of the employment relationship is presumed reasonable.
In this case, the suspension period for the right to benefits takes effect from the first day following the termination of the employment relationship (Article 45 Paragraph 1 OACI).
Leaving a suitable job without being assured of obtaining a new job constitutes a serious fault, and the suspension of unemployment benefits can therefore range from 31 to 60 days.
If you would like more information on this subject, the Valentin Legal Consultation will be happy to welcome you at its premises located at rue du Valentin 1, 1004 Lausanne, to provide you with more complete answers. We are also reachable by phone at 021 351 30 00 and by email at info@cjdv.ch.
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