This is the opinion of the majority of the two responsible parliamentary commissions. The National Council Commission has now passed a draft decree.
According to the current legal situation, persons in an employer-like position and their assisting spouses are subject to unemployment insurance contributions as employed persons. At the same time, today they are only entitled to unemployment benefits as soon as the employer-like position is definitively given up.
This may be the case if the person concerned has resigned as a member of the board of directors, the shares have been sold, the company is being sold or if it is being liquidated and the liquidation process has been completed. Until then, a claim remains denied.
That should change now. The Zurich FDP national councilor Andri Silberschmidt has convinced the majority of both responsible parliamentary commissions with his parliamentary initiative. This should enable entrepreneurs – especially SMEs – who pay contributions to unemployment insurance to have easier and quicker access to unemployment benefits.
Specifically, they should be entitled to unemployment benefits after a waiting period of twenty days, provided they have worked in the relevant company for at least two years, are no longer employed and are not a member of the board of directors.
Various minorities in the commission demanded stricter criteria, a longer waiting period or a deduction of any profit payments from participation in the company while receiving unemployment benefits.
The National Council’s Social Security and Health Commission (SGK-N) passed its preliminary draft amendment to the Unemployment Insurance Act by a vote of 18 to 6 with one abstention, the parliamentary services said on Friday. The participants in the consultation should also comment on a second variant, according to which employees who are not entitled to unemployment benefits should be exempted from the obligation to contribute to unemployment insurance.
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