Public unemployment funds are separate entities governed by each canton. Providing information on the rights and obligations of the insured person is just one of their tasks. They pay benefits from the unemployment insurance fund. They implement and pay additional measures on the basis of a decision taken by the ORP (regional unemployment offices) or by the canton, etc.
According to Mrs. Bornet, executive secretary of the public unemployment fund of the canton of Valais, it is obvious that unemployed persons expect rapid payment of their benefits. "This definitely constitutes our prime objectives", she says.
1) How to get unemployment benefits being a foreigner?
In order to be eligible for unemployment benefits, you need to meet certain criteria. First of all, you need to be registered with the ORP (regional employment office) of the area where you live. This is the first step of many that you have to undertake. As a foreigner, you have to meet three main criteria that are not only compulsory but have a truly decisive impact.
You have to have worked in Switzerland in a steady employment for a total of at least 12 months during the last 2 years. You also have to be a resident of Switzerland holding a resident's permit as well as a working permit. You also have to fit all the remaining conditions governing the right to unemployment benefits (article 8 of the LACI).
2) Waiting periods, benefits and penalties
Once the unemployment benefit request is filed, the "waiting period" indicates the number of days an unemployed person has to wait until the first benefit payment is made. This can mean a wait of 0 - 5 days, but it can also be as much as 120 days in extreme cases. This can happen if the applicant has no children or if his or her educational background is insufficient. The monthly allowance that will be paid depends on the educational background of the person. It can be anything from CHF 434.- (for someone without education or with an interrupted apprenticeship) to CHF 3320.- (for someone with a university education or similar). Those who have paid their contributions continually until the day when they have to file their application for unemployment benefits will get 70% of their last salary. However, this amount can again vary depending on the situation of the unemployed person. In some cases, the payment of benefits can be suspended. On the basis of article 30 of the LACI, this applies if a person loses his job through his own fault or if he does nothing to find a decent job.
3) One unemployment fund per canton
All unemployment funds are governed by the laws in force in that particular canton. Theoretically, this means that each of these funds is an independent entity. However, as Mrs. Bornet, executive secretary of the public unemployment fund of the canton of Valais says: "The unemployment funds (CCh) adhere to a certain number of professional and ethical values".
As the federal law on compulsory unemployment insurance and compensation in case of insolvency (LACI) states in article 77:
1) Each canton provides its own unemployment fund accessible to all contributors resident in their canton as well as all insured cross-border-commuters working in their canton.
4) Several cantons canrun a communal public unemployment fund on their territory, providing the Federal Office for Industry, Crafts and Trades and Labour (OFIAMT) now SECO (The State Secretariat for Economic Affairs) gives its approval.
For detailed enquiries on the rights and obligations in connection with unemployment benefits and any further information you may require, please refer to the website: www.espace-emplois-ch.
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