He went up before the Federal court. Has not used it. François Cochard founded with three colleagues, a company, a successful music festival organized. Like any employee, he paid each month, his contribution to the unemployment insurance. Because of the disaster at the Loveparade in Duisburg Cochards Festival has not been granted all of a sudden. That's why he was suddenly on the road and registered for unemployment insurance. But they rejected the application, because Cochard is in an "employer-like position," and get therefore no support. It says So in the law, and so it is interpreted by the courts.
to prevent The control for a reason: Because employers can tell, feared the legislature to abuse of the unemployment insurance, and lock people with influence on commercial decisions of benefits, including their spouses.
This should in Switzerland, thousands of persons, from the Artists and its partner, which is either fully involved or just the phone decreases, up to Start-ups, where the employees at the same time, owners and boards of Directors. You take on the company's decisions, influence and, therefore, get no benefits of unemployment insurance. The least likely to know that you pay for the insurance, but have none of it.
that was also the Christian Gerig, whose film had to sign up rental bankruptcy. As with the bankruptcy of his employer, ended in a similar position, he would have had to claim benefits from the insurance. The RAV replied in the affirmative, the claim initially. But Gerig was still in the other company's Board of Directors. Therefore, he got to the end but nothing. Although these companies were no longer active, the unemployment insurance to the position that Gerig could be there again to do. François Cochard went through all the instances, but could not convince the Federal court that he was actually entitled to benefits. The legal process is not successful, because the law leaves little to be game room. Successful Cochard was in order to move the policy to do something.
Jürg Grossen, Bernese national councillor and President of the green liberal party, has filed nearly two years ago a proposal to fix the Problem. He suggested, among other things, to prevent the abuse instead of with the exclusion of benefits with a lock-up period. The Federal Council refused. A year later, a double Major with a Motion, which would make it possible for partners of employers could get the Status of the self-employed and so not for the insurance would have to pay. "That would be the easiest solution," says Large.
"The state of the entrepreneurs and their partners discriminated against officially," said Cochard. The SVA the to open.
Today, this is not possible. Cochard wanted to do exactly this, and was his partner in his new company, not as employees, but as self-employed at the end of a job. So she was not insured, as when he hired you. You would have had to at least pay no contributions. However, the social insurance institution of the Canton of Zurich (SVA) rejected the registration of Cochards partner as self-employed because she worked almost exclusively for Cochards company. The social insurance institution has the mandate to examine the self-employment, so it is not necessary for the circumvention of the social insurance contributions miss.
Cochard tried in this case before the court and admitted that he was concerned to prevent the deprivation of his partner in the unemployment insurance. In mid-December of last year, the insurance court ruled the Social but against him. He needs to set his partner, and they must pay into the unemployment insurance.
"The state officially discriminates in favour of the entrepreneurs and their partners," said Cochard. The SVA the to open. You wrote Cochard, that although it was "pushing" was that his partner had to Deposit in the unemployment insurance, but I get nothing. But a Change in the statutory provisions "have politically to be carried out".
the second advance made by Jürg Grossen, would have allowed Cochards partner, to work as self-employed, rejects the Federal Council. He takes the position that there is the disadvantage of spouses. Partners could obtain unemployment benefits, if you are divorced entirely from the company were withdrawing, or another position at another company, Renault.
François Cochard shaking our heads: "Is that the Serious, Affected a divorce need to be from the insurance company supports you for years after you have paid?"
The two Motions of Jürg Grossen, are still pending. If you are ever dealt with in the national Council, is currently open. After two years, they fall from the Agenda. For the first foray, this is the middle of June. (Tages-Anzeiger)
Created: 11.03.2019, 15:13 PM