Advanced Search

RS 837.0 Federal Act of 25 June 1982 on compulsory unemployment insurance and compensation in the event of insolvency (Unemployment Insurance Act, ICA)

Original Language Title: RS 837.0 Loi fédérale du 25 juin 1982 sur l’assurance-chômage obligatoire et l’indemnité en cas d’insolvabilité (Loi sur l’assurance-chômage, LACI)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

837.0

Federal Act on Compulsory Unemployment Insurance and Insolvencies Compensation

(Unemployment Insurance Act, ICA)

25 June 1982 (State 1 Er January 2014)

The Swiss Federal Assembly,

Having regard to art. 34 Ter , para. 1, let. A and e, and 34 Novies Of the Constitution 1 , 2 Having regard to the Federal Council message of 2 July 1980 3 ,

Stops:

Heading 1 4 Applicability of the LPGA

Art. 1

1 The provisions of the Federal Act of 6 October 2000 on the general part of social insurance law (LPGA) 1 Apply to compulsory unemployment insurance and compensation in the event of insolvency, unless this Act expressly derogates from the LPGA.

2 Art. 21 LPGA is not applicable. Art. 24, para. 1, LPGA is not applicable to the right to receive benefits. 2

3 With the exception of art. 32 and 33, the LPGA does not apply to the granting of subsidies for collective labour market measures. 3


1 RS 830.1
2 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3475 ; FF 2002 763 ).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Heading 1 A 5 Purpose

Art. 1 A 1

1 The purpose of this Act is to provide adequate compensation to insured persons for the loss of profits caused by:

A.
Unemployment;
B.
Reduction of the work schedule;
C.
Inclement weather;
D.
The insolvency of the employer.

2 Its aim is to prevent imminent unemployment, to combat existing unemployment and to promote the rapid and sustainable integration of insured persons into the labour market. 2


1 Formerly art. 1.
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Title 2 Contributions

Art. 2 Duty to pay contributions

1 Is liable to pay insurance premiums (insurance):

A. 1
The worker (art. 10 LPGA 2 ) Which is insured under the Federal Act of 20 December 1946 on old-age and survivors' insurance (LAVS) 3 Who is required to pay contributions on the income of an employee's employment under that Act;
B.
Employer (s. 11 LPGA) who must pay contributions under s. 12 WASHERS. 4

2 The following are exempt from paying contributions:

A. 5
...
B. 6
Members of the family of the operator who work in the farming operation, as defined in s. 1 A , para. 2, let. A and b, of the Federal Act of 20 June 1952 on Family Allowances in Agriculture 7 And are assimilated to independent farmers.
C. 8
Workers, from the end of the month in which they reach the age of retirement set out in s. 21 WASHERS;
D. 9
Employers, for the wages paid to the persons mentioned in the let. B and c;
E. 10
The unemployed for benefits under s. 22 A , para. 1, as well as the unemployment funds for the corresponding employer 11 ;
F. 12
Persons insured under s. 2 WASHERS.

1 New content according to the c. 7 of the Annex to the PMQ of 17 June 2011 (Improvement of implementation), in force since 1 Er Jan 2012 ( RO 2011 4745 ; FF 2011 519 ).
2 RS 830.1
3 RS 831.10
4 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
5 Repealed by c. 7 of the annex to the PMQ of 17 June 2011 (Improvement of implementation), with effect from 1 Er Jan 2012 ( RO 2011 4745 ; FF 2011 519 ).
6 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
7 RS 836.1
8 New content according to the c. 7 of the Annex to the PMQ of 17 June 2011 (Improvement of implementation), in force since 1 Er Jan 2012 ( RO 2011 4745 ; FF 2011 519 ).
9 New content according to the c. 7 of the Annex to the PMQ of 17 June 2011 (Improvement of implementation), in force since 1 Er Jan 2012 ( RO 2011 4745 ; FF 2011 519 ).
10 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
11 Correction of reference by the drafting committee of the Ass. Fed. (art. 33 LREC; 1974 1051).
12 Introduced by c. 7 of the Annex to the PMQ of 17 June 2011 (Improvement of implementation), in force since 1 Er Jan 2012 ( RO 2011 4745 ; FF 2011 519 ).

Art. 2 A 1 Voluntary contributions

Members of staff of Swiss nationality of an institutional beneficiary of privileges, immunities and facilities referred to in Art. 2, para. 1, of the Act of 22 June 2007 on the Host State 2 Who are not insured in Switzerland for old-age and survivors insurance because of an agreement entered into with the beneficiary can pay contributions.


1 Introduced by ch. 2 of the Annex to the PMQ of 23 June 2000 ( RO 2000 2681 ; FF 1999 4601 ). New content according to the c. II 13 of the Annex to the LF of 22 June 2007 on the Host State, in force since 1 Er Jan 2008 (RO) 2007 6637; FF 2006 7603).
2 RS 192.12

Art. 3 1 Calculation of contributions and contribution rates

1 The contributions are calculated for each work report based on the salary that determines the meaning of the legislation on AVS.

2 They amount to 2.2 % up to the maximum monthly gain in compulsory accident insurance. 2

3 The contributions are equal to the burden of the worker and the employer. Workers for whom the employer is not required to pay contributions (s. 6 WASHERS 3 ) Pay the full contribution.

4 Where the duration of the occupation is less than one year, the maximum annual amount of the insured gain shall be prorated. The Federal Council sets the conversion rate.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 RS 831.10

Art. 4 1

1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 4 A 1

1 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Art. 5 Payment of contributions

1 The employer retains the share of the workers' contributions to each payment of the salary and pays it, on its own, to the compensation fund of the AVS on which it depends.

2 Workers whose employer is not required to pay contributions pay their contributions at the same time as the AVS contributions to the AVS compensation fund on which they depend.

Art. 6 1 Applicable provisions of AVS legislation

Except as otherwise provided in this Act, AVS legislation, including waivers to the LPGA 2 , applies by analogy to the field of contributions and contribution supplements.


1 New content according to the c. 8 of the Annex to the LF of 17 June 2005 on black labour, in force since 1 Er Jan 2008 ( RO 2007 359 ; FF 2002 3371 ).
2 RS 830.1

Title 3 Benefits

Chapter 1 Types of Benefits

Art. 7 1

1 To prevent and combat unemployment, insurance provides contributions for financing:

A.
An effective counselling and placement service;
B.
Labour market measures in favour of policyholders;
C.
Other measures governed by this Act. 2

2 It provides the following benefits, namely:

A.
Unemployment benefit;
B. 3
...
C.
Compensation in the event of a reduction in the work schedule;
D.
Compensation in case of undue failure;
E.
Compensation in the event of an employer's insolvency.

1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Chapter 2 Unemployment benefit

Section 1 Right to compensation

Art. 8 Right to compensation

1 The insured person is entitled to the unemployment benefit:

A.
If he is unemployed or partially unemployed (art. 10);
B.
If he has suffered a loss of work to be considered (s. 11);
C.
If he is domiciled in Switzerland (art. 12);
D. 1
If he has completed his or her compulsory education, that he has not yet reached the age eligible for an AVS pension and does not receive an old-age pension from the AVS;
E.
If the employee meets the conditions of the contribution period or is discharged (s. 13 and 14);
F.
If he is fit for placement (art. 15); and
G.
Meets the requirements of the control (s. 17).

2 The Federal Council regulates the conditions under which the right to compensation is dependent on persons who, before being unemployed, were employed at home. It may deviate from the general regulation provided for in this chapter only to the extent that the particularities of homework so require.


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. Frames-frames

1 Two-year framework periods apply to periods of compensation and contribution, except as otherwise provided in this Act. 1

2 The framework period applicable to the period of compensation shall commence on the first day on which all the conditions on which the right to compensation depends are satisfied.

3 The framework period applicable to the contribution period begins to run two years earlier.

4 Where the period of compensation for the period of compensation has elapsed and the insured is reclaiming the unemployment benefit, new two-year framework deadlines shall be open for compensation and contribution periods, except where available Contrary to this Act. 2


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. A 1 Frames for insured persons undertaking an independent activity without the assistance of unemployment insurance

1 The compensation framework for an insured person who has undertaken an independent activity without affecting the benefits referred to in s. 71 A At 71 D Is extended for two years under the following conditions:

A.
A compensation framework was established at the time the insured person undertook the independent activity;
B.
The insured cannot justify a period of sufficient contribution at the time that the activity ceases and the fact of the activity ceases.

2 The insured person's contribution period that commenced an independent activity without receiving benefits is extended for the duration of the independent activity, but not more than two years.

3 The insured person shall not receive in total more than the maximum number of daily allowances fixed in art. 27.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. B 1 Framework times in case of educational period

1 The compensation framework for the insured person who has devoted himself to the education of his child shall be extended by two years, under the following conditions:

A.
A compensation framework was set at the beginning of the educational period for a child under ten years of age;
B.
On re-registration, the insured does not justify a sufficient period of assessment.

2 The insured person's contribution period for the education of his or her child shall be four years if there is no framework for compensation at the beginning of the educational period for a child under the age of ten.

3 Any subsequent birth results in an extension of two years to the maximum of the period defined in para. 2.

4 The s. 1 to 3 do not apply, for the same educational period, to only one parent and one child.

5 The insured person shall not receive in total more than the maximum number of daily allowances fixed in art. 27.

6 The Federal Council regulates the conditions of the right to an extension of the framework deadlines laid down in paras. 1 and 2 in case of placement of children for adoption.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 10 Unemployment

1 A person who is not a party to a work report and who seeks to engage in full-time employment is deemed to be unemployed.

2 The person who:

A.
Is not a party to a work report and seeks only part-time work; or
B.
Is employed on a part-time basis and is seeking to replace it with a full-time activity or to supplement it with another part-time activity.

2bis The person who, by reason of a temporary reduction in the hours of work, is not normally employed is not considered to be partially unemployed. 1

3 The person seeking work shall be deemed to be unemployed or partially unemployed only if he or she has announced to the Office of the work of his place of residence for the purpose of being placed.

4 The provisional suspension of a service report based on public law is equated with unemployment, where an appeal with suspensive effect against the termination served by the employer is during.


1 Introduced by ch. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 11 Loss of work to be considered

1 Consideration should be given to the loss of work when it results in a loss of earnings and lasts at least two consecutive working days.

2 ... 1

3 The loss of work for which the unemployed person is entitled to pay or compensation for early termination of employment reports shall not be taken into account.

4 The loss of work is considered even if the insured has received compensation for non-compensatory overtime or vacation pay at the end of his or her employment relationship and even if such vacation pay was Included in his salary. The Federal Council may issue derogations for special cases. 2

5 The Federal Council regulates the taking into account of the loss of work in the event of an interim suspension of a service report based on public law (Art. 10, para. 4).


1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 11 A 1 Voluntary benefits of the employer in the event of termination of employment reports

1 The loss of work is not taken into account until voluntary benefits paid by the employer cover the loss of income resulting from the termination of the work reports.

2 The employer's voluntary benefits are taken into account only for the part that exceeds the maximum amount referred to in s. 3, para. 2.

3 The Federal Council regulates exceptions where voluntary benefits are allocated to professional foresight.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 12 1 Foreigners in Switzerland

Notwithstanding s. 13 LPGA 2 , foreigners without an establishment permit are deemed to be domiciled in Switzerland for as long as they live there, if they are for the benefit of a residence permit allowing them to engage in a gainful occupation or a seasonal permit.


1 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
2 RS 830.1

Art. 13 Contribution Period

1 The person who, within the limits of the framework period laid down for that purpose (art. 9, para. 3), has for twelve months at least one activity subject to assessment meets the conditions relating to the period of assessment. 1

2 Also, as a contribution period, the time during which the insured:

A.
Performs an activity as a worker without having reached the age at which he or she is required to pay the AVS contributions;
B. 2
Serves in the army, in civil service or in civil protection in accordance with Swiss law or performs a compulsory course of family economy which takes place throughout the day and for at least three weeks without discontinuing;
C. 3
Is a party to a work report but does not receive a salary because he or she is ill (s. 3 LPGA 4 ) Or victim of an accident (art. 4 LPGA) and therefore does not pay contributions;
D. 5
Interrupted his work on the grounds of maternity (art. 5 LPGA) to the extent that such absences are prescribed by the provisions for the protection of workers or are in conformity with the provisions of collective labour agreements.

2bis And 2ter ... 6

3 In order to prevent the unjustified accumulation of old-age pension benefits and the unemployment benefit, the Federal Council may derogate from the rules concerning the taking into account of the contribution periods for insured persons Retirement age before reaching retirement age under s. 21, para. 1, WASHERS 7 , but who wish to continue to work as an employed person. 8

4 The Federal Council may lay down rules for the calculation and duration of contribution periods, taking into account the special conditions for insured persons who become unemployed after working in a profession in which changes of employer or Contracts of limited duration are usual. 9

5 The terms and conditions are settled by prescription. 10


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. 13 of the annex to the LF of 6 Oct. 1995 on civil service, in force since 1 Er Oct. 1996 (RO 1996 1445; FF 1994 III 1597).
3 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
4 RS 830.1
5 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
6 Introduced by c. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).
7 RS 831.10
8 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
9 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
10 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 14 Releasing the conditions for the contribution period

1 The conditions relating to the period of assessment shall be released to persons who, within the framework period (Art. 9, para. 3) and for more than twelve months in total, were not parties to a work report and therefore were not able to meet the conditions for the period of assessment, for one of the following reasons:

A.
Education, retraining or professional development, provided that they have been domiciled in Switzerland for at least ten years;
B.
Illness (art. 3 LPGA 1 ), accident (art. 4 LPGA) or maternity (art. 5 LPGA), provided that they were domiciled in Switzerland during the corresponding period;
C.
Stay in a Swiss institution of detention or education at work, or in a Swiss institution of the same nature. 2

2 Also released from the conditions relating to the period of assessment are persons who, as a result of separation of body or divorce, from invalidity (art. 8 LPGA) or death of their spouse, or for similar reasons or because of the removal of their disability pension, are forced to work or expand. 3 This provision shall apply only if the event in question is not more than one year and if the person concerned was domiciled in Switzerland at the time when the event occurred. 4

3 The Swiss returning to the country after a stay of more than one year in a non-member country of the European Community or the European Free Trade Association (EFTA) are released from the conditions relating to the period of assessment for one year, to Condition that they justify the exercise of employment abroad. The same applies to nationals of the Member States of the European Community or EFTA whose establishment authorisation has not expired. In addition, the Federal Council shall determine the conditions under which non-nationals of a Member State of the European Community or EFTA whose establishment authorisation has not expired shall be released from the conditions relating to the period Of contributions after a stay abroad of more than one year. 5

4 ... 6

5 And 5bis ... 7


1 RS 830.1
2 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3472 ; FF 2002 763 ).
3 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3472 ; FF 2002 763 ).
4 New content according to the c. I 12 of the 8 Oct LF. 1999 on the Ac. Between Switzerland and, on the other hand, the EC and its Member States on the free movement of persons, in force since 1 Er June 2002 ( RO 2002 701 ; FF 1999 5440 ).
5 New content according to the c. I 11 of the 14 Dec LF. 2001 on disp. Concerning the free movement of persons of the Ac. Amending the Conv. Establishing the EFTA, in force since 1 Er June 2002 ( RO 2002 685 ; FF 2001 4729 ).
6 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
7 Introduced by c. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Art. 15 Aptitude for placement

1 Is deemed fit to be placed the unemployed person who is willing to accept suitable work and participate in integration measures and who is able and entitled to do so. 1

2 Physical or mental disabled persons are deemed fit to be placed where, in view of their infirmity and in the case of a balanced situation in the labour market, suitable work could be obtained in that market. The Federal Council regulates coordination with disability insurance.

3 If there are serious doubts as to the working capacity of an unemployed person, the cantonal authority may order that it be examined by a medical adviser, at the expense of insurance.

4 Insured persons who, with the authorization of the cantonal authority, engage in voluntary activity as part of a project for the unemployed are considered to be fit for placement. 2


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. 16 1 Suitable Work

1 As a general rule, the insured person must immediately accept any work in order to reduce the damage.

2 Not deemed appropriate and therefore excluded from the obligation to be accepted, any work that:

A.
Is not in accordance with professional and local practices and, in particular, does not meet the conditions of collective agreements or contracts-type of work;
B.
Does not reasonably take into account the abilities of the insured person or the activity he has previously performed;
C.
Is not suitable for the age, personal situation or health of the insured person;
D.
Seriously compromises the return of the insured person to his or her profession, provided such a prospect exists within a reasonable period of time;
E.
Must be performed in a business where the ordinary course of employment is disrupted because of a labour dispute;
F.
Requires a trip of more than two hours to go and more than two hours for return and does not provide suitable accommodation at the workplace, or which, if the insured person has such an opportunity, does not allow him or her to To fulfill his or her duties to his or her loved ones only with significant difficulties;
G.
Requires the worker to be available on a constant call beyond the scope of the guaranteed occupation;
H.
Must be executed in a company which has made redundancies for the purpose of re-engagement or new commitments under significantly more precarious conditions; or
I.
Provides the insured with remuneration that is less than 70 % of the insured gain, unless the insured receives compensatory allowances in accordance with s. 24 (intermediate gain); the regional placement office may exceptionally, with the approval of the Tripartite Commission, declare suitable work for which the remuneration is less than 70 % of the insured gain.

3 L' al. 2, let. A, does not apply to the insured whose working capacity is reduced. 2 The insured person cannot be forced to accept work whose remuneration is less than what it should be in view of the reduction in its working capacity.

3bis L' al. 2, let. B, does not apply to persons under 30 years of age. 3


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 17 1 Assets of the insured and control requirements

1 The insured person claiming insurance benefits must, with the assistance of the competent labour office, undertake whatever is reasonably required of him in order to avoid unemployment or to shorten it. In particular, it is incumbent upon him to seek work, if necessary outside the profession he had previously exercised. It must be able to demonstrate the efforts it has made.

2 For the purpose of placing the insured person, the insured person shall be required to submit to his or her home or to the competent authority as soon as possible, but not later than the first day for which he claims the unemployment benefit; he must then comply with the Control requirements enacted by the Federal Council. 2

3 The insured person is obliged to accept any suitable work proposed to him. It shall have the obligation, when instructed by the competent authority, to participate: 3

A. 4
Labour market measures to improve its investment capacity;
B. 5
Advice, briefings and expert consultations referred to in para. 5;
C.
Provide the documents to judge whether it is fit for placement or whether the proposed work is suitable.

4 The Federal Council may partially relieve elderly insured persons affected by long-term unemployment from their obligations.

5 The Labour Office may, in special cases, direct insured persons to appropriate public institutions or public utilities for psycho-social or professional consultations, provided that this measure proves useful after Case review. Such institutions shall receive compensation, the amount of which shall be fixed by the clearing body.


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Section 2 Compensation

Art. 18 Wait times 1

1 The right to compensation starts to run after a waiting period of five days of controlled unemployment. For those who do not have an obligation to care for children under the age of 25, the waiting period extends to:

A.
10 days for an insured gain between 60 001 and 90,000 francs;
B.
15 days for an insured gain between 90 001 and 125,000 francs;
C.
20 days for an insured gain greater than 125,000 francs. 2

1bis In order to avoid cases of thoroughness, the Federal Council exempts certain groups of insured persons from waiting times. 3

2 Persons released from the terms and conditions of the contribution period (s. 14) shall observe, before receiving the unemployment benefit during the framework, a special waiting period laid down by the Federal Council. This special waiting period, for a period of up to twelve months, is in addition to the general waiting period set out in para. 1. 4

3 Where the insured person is unemployed at the end of a seasonal activity or at the end of a profession in which changes in employers or contracts of limited duration are common, the loss of work is not taken into account For a waiting period set by the Federal Council. 5

4 ... 6

5 ... 7


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 Introduced by ch. I of the AF of 16 Dec. 1994 on sanitation measures for unemployment insurance (RO 1994 3098; FF 1994 V 566). New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
4 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
6 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).
7 Introduced by ch. I 12 of the 8 Oct LF. 1999 on the Ac. Between Switzerland and, on the other hand, the EC and its Member States on the free movement of persons ( RO 2002 701 ; FF 1999 5440 ). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123).

Art. 18 A 1 Control Period

The Federal Council determines the period of control.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 18 B 1 Home workers

The Federal Council sets out the method of determining the right to compensation for persons who, before being unemployed, were employed at home. It may deviate from the general regulation provided for in this chapter only to the extent that the particularities of homework so require.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 18 C 1 Old Age Benefits

1 Old-age occupational pension benefits are deducted from the unemployment benefit.

2 L' al. 1 also applies to the insured person who receives old-age benefits from compulsory or voluntary foreign old-age insurance, whether regular or pre-retirement benefits.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 19 1

1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. Exercise of the right to compensation

1 The unemployed person shall exercise his right to compensation from a credit union which he freely chooses. Within the limits of the framework period applicable to the period of compensation (Art. 9, para. 2), a cash change is not allowed. The Federal Council regulates derogations.

2 The unemployed person is required to submit to the credit union a certificate of employment issued by his last employer. He gives it to him when he leaves his services. Where the insured person is unemployed only at a later date, the employer is required to submit it, on request, within one week.

3 The right shall be extinguished if it is not exercised within three months after the end of the period of control to which it relates. Allowances that have not been received shall be out of date three years after the end of that period.

4 ... 1


1 Repealed by c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, with effect from 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).

Art. Form of unemployment benefit

The unemployment benefit is paid in the form of per diems. Five daily allowances are paid per week.

Art. Amount of daily allowance

1 The full daily allowance is 80 % of the insured gain. The insured also collects a supplement which corresponds to the amount, calculated per day, of the child allowance and the legal professional training allowance to which he would be entitled if he had a job. This supplement is paid only under the following conditions:

A.
The allowances are not paid to the insured during the period of unemployment;
B.
No person engaged in a gainful occupation can claim entitlement to benefits for the same child. 1

2 A daily allowance amounting to 70 % of the insured gain shall be granted to insured persons who: 2

A. 3
Have no obligation to care for children under 25 years of age;
B. 4
Have an entire daily allowance in excess of 140 francs;
C. 5
Do not receive a disability pension corresponding to a disability rate of at least 40 %.

3 The Federal Council shall adapt the minimum rate laid down in para. 2, let. B, as a general rule every two years with effect at the beginning of the calendar year, in accordance with the principles governing AVS. 6

4 And 5 ... 7


1 New content according to the c. 3 of the Annex to the PMQ of 24 March 2006 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 131 ; FF 1999 2942 , 2000 4422, 2004 6459 6513).
2 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
6 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
7 Repealed by c. I of the PMQ of 23 June 1995, with effect from 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. A 1 Contributions to social insurance

1 The unemployment benefit is deemed to be a determining wage within the meaning of the LAVS 2 . 3

2 The credit union deducts from the amount of the allowance the contribution due by the worker to the old-age and survivors' insurance, the disability insurance and the benefit scheme for loss of gain and the payment to the compensation fund AVS Competent with the employer's share to be paid. 4 The Federal Council may settle the proceedings by derogating from the provisions of the Act.

3 Similarly, the fund shall deduct from the amount of the indemnity the share of contributions to professional foresight, in order to guarantee insurance coverage in the event of invalidity or death of the insured, and shall pay it to the alternate provident institution Professional with the employer's share to be paid 5 The Federal Council fixes the amount of contributions by referring to the principles of the insurance technique, as well as the procedure.

4 Similarly, the credit union shall deduct from the amount of the indemnity two-thirds the maximum of the non-professional accident insurance premiums and shall pay them to the Swiss National Insurance Fund in the event of accidents with the third party at its expense. 6 No premium is charged for the days of suspense and suspension. The Federal Council regulates the details and procedure.


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er 1996, with the exception of para. 3 which comes into force on 1 Er Jul. 1997 (RO 1996 273, 1997 60 hp. II 1; FF 1994 I 340).
2 RS 831.10
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 New content according to the c. 7 of the Annex to the PMQ of 17 June 2011 (Improvement of implementation), in force since 1 Er Jan 2012 ( RO 2011 4745 ; FF 2011 519 ).
5 Rectified by the drafting committee of the Ass. Fed. (art. 33 LREC; 1974 1051).
6 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. Insured Gain

1 Deemed gain is the salary that determines the meaning of the AVS legislation that is normally obtained during one or more work reports during a reference period, including regular and agreed upon allowances Contractually, to the extent that they are not inconveniences related to the performance of the work. Maximum amount of insured gain (art. 18 LPGA 1 ) Corresponds to that of compulsory accident insurance. 2 The gain is not deemed insured when it does not reach a minimum amount. The Federal Council determines the reference period and sets the minimum amount. 3

2 For those insured who, at the end of a apprenticeship, receive unemployment benefits, as well as for those who are released from the conditions relating to the period of assessment, the Federal Council fixes lump sums as an insured gain. It takes into account in particular the age, the level of training and the circumstances which led to the release of the conditions relating to the period of assessment (art. 14). 4

2bis Where persons released from the conditions relating to the contribution period have exercised an activity subject to assessment for at least 12 months within the limits of the period of assessment, the insured gain shall be calculated on the basis of the salary Affected and the lump sum reduced in proportion to the occupancy rate. 5

3 An incidental gain is not insured. Any gain that the insured withdraws from a dependent activity outside the normal duration of his or her work or an activity outside the ordinary framework of an independent gainful occupation shall be deemed to be incidental.

3bis A gain in a measure relating to the labour market financed by public authorities is not guaranteed. The measures referred to in s. 65 and 66 A Are reserved. 6

4 ... 7

5 ... 8


1 RS 830.1
2 New wording of the sentence as per c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
3 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
4 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
5 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
6 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
7 Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
8 Introduced by ch. I of the PMQ of 22 March 2002 ( RO 2003 1728 ; FF 2001 2123 ). Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er April 2011 (RO 2011 1167; FF 2008 7029).

Art. 24 1 Consideration of intermediate gain

1 Any gain that the unemployed person withdraws from an employment or independent activity during a period of control shall be deemed to be intermediate. An insured person who receives an intermediate gain is entitled to compensation for the loss of gain. The rate of compensation is determined by s. 22. The Federal Council sets out the method of calculating the gain from an independent activity. 2

2 ... 3

3 The difference between the insured gain and the intermediate gain shall be deemed to be loss of gain, which must be in conformity, for the work carried out, for professional and local purposes. Ancillary gains are not considered (s. 23, para. 3).

3bis The Federal Council shall decide on the taking into account of the interim gain when the same parties resume the working reports within one year or renew them after termination for amendment of the contract of employment. 4

4 The right to compensation for loss of gain shall be limited to the first twelve months of the activity referred to in para. 1; for insured persons who have an obligation to care for children under 25 years of age or who are 45 years of age or older, is limited to the term of the compensation framework. 5

5 If the insured person, in order to avoid being unemployed, agrees to exercise for at least one period of control a full-time activity during which he is paid less than the allowances to which he would be entitled, s. 11, para. 1, is not applicable within the time limits set out in para. 4. 6


1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
6 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. 25 1

1 Repealed by c. I of the 5 Oct PMQ. 1990, with effect from 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 26 1 Compensation for military service, civil service or civil protection service

Where an unemployed person performs in Switzerland his or her military service, with the exception of the recruit school and promotion services, or is assigned to the civil service for up to thirty days or served in civil protection, and his or her compensation for loss Of a gain is less than the unemployment benefit he would receive if he was not required to serve, the insurance shall compensate him for the difference until he has received all the allowances to which he may claim under Art. 27.


1 New content according to the c. 13 of the annex to the LF of 6 Oct. 1995 on civil service, in force since 1 Er Oct. 1996 (RO 1996 1445; FF 1994 III 1597).

Art. 27 1 Maximum Daily Allowances

1 Within the limits of the framework for compensation (Art. 9, para. 2), the maximum number of daily allowances is calculated according to the age of the insured person and the period of assessment (art. 9, para. 3).

2 The insured person is entitled to:

A.
260 per diems, at most, if it justifies a total contribution period of twelve months;
B.
400 per diems at most if it justifies an assessment period of 18 months in total;
C.
A maximum of 520 per diem allowances is required for a contribution period of at least 22 months and at least one of the following conditions: 2
1.
Be 55 years of age or older
2.
Receive a disability pension corresponding to a disability rate of at least 40 %. 3

3 For insured persons who have become unemployed in the four years preceding the pensionable age and whose placement is impossible or very difficult, in general or for reasons relating to the labour market, the Council Member States may increase the number of daily allowances by up to 120 per day and extend the maximum period of up to two years.

4 Persons released from the terms and conditions of the contribution period are entitled to 90 per diems. 4

5 ... 5

5bis Persons under the age of 25 who do not have an obligation to care for children are entitled to up to 200 per diem allowances. 6


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of Sept. 30. 2011, effective from 1 Er Jan 2012 ( RO 2012 495 ; FF 2011 6695 6703).
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
5 Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
6 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 28 Daily allowance in case of temporary incapacity for work, total or partial

1 Insured persons who, in passing, are not able to work or to be placed or are only partially able to work because of illness (s. 3 LPGA 1 ), an accident (art. 4 LPGA) or pregnancy and which, as such, cannot meet the control requirements, are entitled to full daily allowance if they meet the other conditions under which the right to compensation depends. Their right persists at most up to 30 E The day following the start of total or partial incapacity for work and is limited to 44 per diems during the framework. 2

1bis ... 3

2 The per diems of sickness or accident insurance which represent compensation for loss of gain shall be deducted from the unemployment benefit. 4

3 The Federal Council sets out the details. It shall lay down in particular the period within which the insured person must assert the right to compensation and the effects of the failure to comply with that period.

4 The unemployed who have exhausted their right under para. 1, are still severely disabled at work and receive daily allowances for insurance, are entitled, to the extent that this partial incapacity does not hinder their placement and where they fill the others Conditions under which the right to compensation depends:

A.
To the full daily allowance if they are employable at least 75 %;
B.
A reduced daily allowance of 50 % if they are at least 50 %. 5

5 The unemployed person must prove his or her incapacity or ability to work by producing a medical certificate. The cantonal authority or the body can always order, at the expense of insurance, a medical examination by a medical adviser.


1 RS 830.1
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 Introduced by ch. I of the PMQ of 22 March 2002 ( RO 2003 1728 ; FF 2001 2123 ). Repealed by c. 5 of the annex to the PMQ of 3 Oct. 2003, with effect from 1 Er Jul. 2005 (RO 2005 1429; FF 2002 6998, 2003 1032 2595).
4 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. Doubts as to rights arising from the contract of employment

1 If the credit union has serious doubts that the insured person is entitled, for the duration of the loss of work, to the payment by his former employer of a salary or compensation within the meaning of s. 11, para. 3, or that these claims are satisfied, she shall pay the unemployment benefit. 1

2 In making the payment, the credit union is subrogated to the insured in all its rights, including the legal privilege, up to the daily allowance paid by the credit union. 2 The court cannot give up its rights, unless the bankruptcy proceedings are suspended by the judge who declared bankruptcy (art. 230 of the PMQ of 11 April 1889 on the pursuit of debt and bankruptcy, LP 3 ). If, subsequently, the claims are manifestly unjustified or their enforced execution causes disproportionate costs, the compensation body may authorise the credit union to refrain from asserting its rights. 4

3 The Federal Council sets out the conditions under which the credit union may renounce its claim when it is a matter of prosecuting an employer abroad.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
3 RS 281.1
4 New Content of 2 E And 3 E Sentences according to c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Section 3 Penalties 6

Art. Suspension of the right to compensation 1

1 The right of the insured person to compensation shall be suspended where it is established that: 2

A.
Is without work by his own fault;
B.
Abandoned claims of salary or compensation to his last employer, to the detriment of insurance;
C.
Does not do all that can reasonably be expected of him to find suitable work;
D. 3
Fails to comply with the requirements for the control of unemployment or the instructions of the competent authority, in particular refusing suitable work, does not present itself to a labour market measure or interrupts it without just cause, or jeopardiss or Prevents the conduct of the measure or the achievement of its purpose by its conduct;
E.
Has given false or incomplete information or has breached, in some other manner, the obligation to provide information spontaneously or upon request and to notify, or
F.
Obtained or attempted to obtain undue unemployment benefit;
G. 4
Received per diems during the development phase of a project (s. 71 A , para. 1) and does not, by its own fault, undertake independent activity at the end of this phase of development.

2 The cantonal authority shall pronounce the suspensions within the meaning of para. 1, let. C, d and g, as well as within the meaning of para. 1, let. E, where it is a breach of the obligation to provide information to the said authority or the Office of the Labour, or to notify them. In the other cases, the caisses rule. 5

3 The suspension only applies to the days for which the unemployed person fulfils the conditions under which the right to compensation depends. The number of daily allowances subject to suspension shall be deducted from the maximum number of daily allowances within the meaning of Art. 27. The duration of the suspension shall be proportional to the severity of the fault and shall not exceed, by reason of suspension, 60 days, and in the case of para. 1, let. G, 25 days. 6 The suspension shall lapse six months after the start of the period of suspension. 7

3bis The Federal Council may prescribe a minimum period of time for suspension. 8

4 Where a credit union does not suspend the exercise of the unemployed person's right to compensation, although there is reason to take such action, the cantonal authority is required to do so in its place.


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 Introduced by c. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).
5 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
6 New wording of the sentence as per c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
7 New wording of the sentence as per c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
8 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. A 1

1 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Chapter 3 Allowance in case of reduced hours of work

Art. Right to compensation

1 Workers whose normal working hours are reduced or the activity suspended are entitled to compensation in the event of a reduction in the working hours (hereinafter the allowance) where: 1

A. 2
They are required to contribute to the insurance or have not yet reached the minimum age of coverage for the AVS contributions;
B.
The loss of work must be taken into account (art. 32);
C.
The leave was not given;
D.
The reduction in the work schedule is likely to be temporary, and if one can accept that it will keep the jobs in question.

1bis An analysis of the undertaking may be carried out at the expense of the compensation fund, in exceptional cases, to examine the extent to which the conditions laid down in para. 1, let. D, are completed. 3

2 The Federal Council may make derogatory provisions concerning compensation in the event of a reduction in the working hours:

A.
For homeworkers;
B.
For workers whose work schedule is variable within the limits stipulated by contract. 4

3 Are not entitled to compensation:

A.
Workers whose hours of work cannot be determined or whose work schedule is not sufficiently controllable;
B.
The employer's spouse, who is employed in the employer's business;
C.
The persons who determine the decisions taken by the employer-or may influence them considerably-as a partner, a member of a governing body of the undertaking, or a holder of a financial participation in the undertaking; The same is true of the spouses of these persons, who are employed in the company.

1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
2 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
3 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 32 Loss of work to be considered

1 The loss of work is taken into account when:

A.
It is due to economic factors and is inevitable; and
B.
It is at least 10 % of the total hours normally worked by the employees of the company.

2 For each period of counting, a waiting period of not more than three days, fixed by the Federal Council, shall be deducted from the loss of work to be taken into account. 1

3 In the case of thoroughness, the Federal Council rules the taking into account of job losses resulting from measures taken by the authorities, loss of customers due to weather conditions or other non-attributable circumstances To the employer. In this case, it may provide for longer waiting times, derogating from the provision of para. 2, and arrest that loss of work can be taken into account only in the event of a complete interruption or a significant reduction in the work in the undertaking. 2

4 The Federal Council lays down the conditions under which an operating sector is assimilated to a business.

5 Deemed period of counting, a period of one month or four consecutive weeks.


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 33 Loss of work not to be considered

1 A loss of work is not considered:

A.
When it is due to measures affecting the organisation of the undertaking, such as cleaning, repair or maintenance work, or other usual and repeated interruptions to the operation, or to circumstances inherent in the Normal operating risks to be assumed by the employer;
B.
When it is usual in the branch, occupation or business, or is caused by seasonal fluctuations in employment;
C.
When it coincides with public holidays, is caused by the holiday of the undertaking or the employer does so only for certain days immediately preceding or immediately following holidays or business holidays;
D.
Where the worker does not agree to the reduction of his or her work schedule and therefore must be paid in accordance with the contract of employment;
E.
When it affects persons who have a specified period of employment, are in apprenticeship or in the service of a temporary work organisation, or
F.
Where the reduction in the duration of the work is caused by a labour dispute within the operation in which the insured person works.

2 In order to prevent abuse, the Federal Council may provide for other cases where the loss of work is not taken into account.

3 The Federal Council defines the concept of seasonal fluctuations in employment. 1


1 Introduced by ch. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 34 Calculation of the allowance

1 The allowance is 80 % of the loss of gain taken into account.

2 Is determinative up to the upper limit of the gain to be considered in the calculation of contributions (s. 3), the contract salary paid for the last pay period before the start of the reduction in the work schedule. Included in this salary are vacation pay and regular allowances contractually agreed to, to the extent that they are not paid during the period when the schedule is reduced and provided that they are not Compensation for the inconvenience of performing the work. 1 Salary increases, provided for by collective agreement, that take effect during the period of reduced hours, are taken into consideration.

3 The Federal Council sets out the basis for calculation when the salary is fluctuating considerably.


1 New Content of 2 E Sentence according to c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 35 Maximum duration of compensation

1 In a period of two years, the allowance shall be paid for up to twelve periods of counting. For each business, these two years begin to run on the first day of the first count period for which the allowance is paid. 1

1bis The loss of work in excess of 85 % of the company's normal schedule may not exceed four counting periods. 2

2 In the case of acute and persistent unemployment, the Federal Council may, in general or for certain particularly affected regions or economic sectors, extend by six periods the maximum duration of the compensation.


1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
2 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273 294; FF 1994 I 340).

Art. 36 Work schedule reduction and review of conditions

1 Where an employer intends to seek compensation for his or her workers, the employer is required to notify the cantonal authority in writing at least ten days before the start of the reduction in the work schedule. The Federal Council may provide for shorter deadlines in exceptional cases. The notice is renewed when the reduction in the work schedule lasts more than three months. 1

2 In the notice, the employer must indicate:

A.
The number of workers employed in the business and the number of workers affected by the reduction in the work schedule;
B.
The extent of the reduction in the work schedule and its likely duration;
C.
The credit union to which he intends to claim the right to compensation.

3 In the notice, the employer must justify the reduction of the proposed work schedule and make it plausible, using the documents prescribed by the Federal Council, that the conditions on which the right to compensation depends, pursuant to s. 31, para. 1, and 32, para. 1, let. A, are united. The cantonal authority may require further documentation to examine the case.

4 Where the cantonal authority considers that one or more conditions on which the right to compensation depends are not fulfilled, it shall oppose the payment of compensation by decision. In each case, it informs the employer and the credit union that it has designated.


1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. Employer's obligations

The employer is required to:

A.
Advance the allowance and pay it to workers on the regular pay day;
B. 1
To take the allowance during the waiting period (s. 32, para. 2);
C. 2
To continue to pay in full the social insurance contributions provided for in the legal and contractual provisions as if the working time was normal; it is allowed to deduct from the workers' wages the whole share Contributions that are at their expense, unless otherwise agreed.

1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
2 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 38 Exercise of the right to compensation

1 Within three months of the expiry of each accounting period, the employer shall submit to the credit union that it has appointed all claims to compensation for the employees of its undertaking.

2 Within the two-year period provided for in s. 35, para. 1, the right to compensation in respect of a business shall be exercised with the same credit union. The Federal Council may provide for derogations.

3 Employer remits to the credit union:

A.
The documents necessary for the continuation of the examination of the right to compensation and the calculation thereof;
B.
A breakdown of the allowances paid to its workers;
C.
A certificate certifying that he continues to pay social insurance contributions (s. 37, let. (c).

The credit union may, if necessary, require other documents.

Art. 39 Reimbursement of compensation

1 The credit union examines whether the personal conditions set out in s. 31, para. 3, and 32, para. 1, let. B, are completed.

2 Where all the conditions on which the right to compensation depends are met and the cantonal authority has raised no objection, the credit union shall reimburse the employer, as a general rule within the period of one month, the compensation duly paid, after Deduction of the prescribed amount for the waiting period (s. 37, let. (b). In addition, it gives the employer a bonus corresponding to the amount of the employer's share of the AVS, AI, APG, CA contributions that it must pay for the lost hours to be taken into account. 1

3 Compensation that the employer does not claim within the prescribed period of time under s. 38, para. 1, are not reimbursed to him.


1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 40 1 Control requirements

1 In general, there is no timbrage control in the event of a reduction in the work schedule.

2 The cantonal authority may, however, order a timbrage control.


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. Provisional occupation

1 The cantonal authority may assign an interim, adequate and suitable occupation (art. 16) to workers who suffer a loss of work on days or half days. When the interruption lasts more than a month, the workers will also endeavour to seek such an occupation themselves. 1

2 A worker who accepts a temporary occupation may do so only with the consent of the employer. The agreement can only be refused if the temporary occupation runs the risk of preventing the worker from fulfilling his contractual obligations. Where the employer refuses to accept the agreement in an unjustified manner, the cantonal authority shall decide on his right to reimbursement of the compensation for the worker concerned.

3 The worker must report to the employer the income derived from temporary employment or self-employment during the period when the work schedule is reduced. The employer shall inform the credit union.

4 The Federal Council determines how and to what extent the income from the provisional occupation is taken into account in calculating the loss of gain to be taken into account.

5 Where the worker refuses the suitable temporary occupation which has been assigned to him, does not make sufficient effort to seek one or abandons him without just cause, the cantonal authority shall decide to reduce the compensation to which he has Right of at least 100 francs and no more than 1000 francs, depending on the seriousness of the mistake.


1 New wording of the last sentence according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Chapter 4 Allowance for weather conditions

Art. Right to compensation

1 Workers who work in branches where work interruptions are frequent due to weather conditions are entitled to compensation in the event of inclement weather (hereinafter the allowance) when: 1

A. 2
They are required to contribute to insurance, or that they have not yet reached the minimum age of coverage for AVS contributions; and
B.
They suffer a loss of work to be considered (s. 43).

2 The Federal Council shall determine the branches in which compensation may be paid.

3 Not entitled to compensation, persons listed in s. 31, para. 3.


1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
2 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 43 Loss of work to be considered

1 For the loss of work to be taken into account, it must:

A.
It is solely due to weather conditions;
B. 1
The continuation of the work is technically impossible in spite of sufficient protection measures, results in disproportionate costs or cannot be demanded of the workers and
C.
Be announced by the employer in accordance with the prescribed rules. 2

2 Only half days or whole days are taken into consideration.

3 For each count period, a waiting period of up to three days, as determined by the Federal Council, shall be deducted from the duration of the loss of work. 3

4 Deemed period of counting, a period of one month or four consecutive weeks.

5 ... 4


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 Repealed by c. I of the 5 Oct PMQ. 1990, with effect from 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 43 A 1 Loss of work not to be considered

The loss of work is not considered in particular:

A.
When it is attributable only indirectly to weather conditions (loss of customers, delay in carrying out the work);
B.
When, for agriculture, these are normal losses for the season;
C.
Where the worker does not accept the interruption of work and therefore must be paid in accordance with the contract of employment;
D.
When it concerns persons who are in the service of a temporary work organisation.

1 Introduced by ch. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 44 1 Calculation of the allowance

The calculation of the allowance is governed by the provisions of s. 34.


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. 44 A 1 Remittance Duration

1 For a period of two years, the allowance shall be paid for up to six counting periods.

2 To calculate the maximum entitlement period (s. 35), it is taken into account the counting periods for the allowance in the event of a reduction in the hours of work and those concerning compensation in the event of bad weather.


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. 45 Notice of Interruption of Work and Case Examination

1 The Federal Council regulates the notification procedure. 1

2 And 3 ... 2

4 Where the cantonal authority doubts that the loss of work can be taken into account, it shall examine the case in an appropriate manner. If it considers that the loss of work cannot be taken into account or if it has been announced too late, it is opposed by decision to the payment of the compensation. In each case, it informs the employer and the credit union that it has designated.


1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
2 Repealed by c. I of the 5 Oct PMQ. 1990, with effect from 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. Employer's obligations

Art. 37 shall apply mutatis mutandis.

Art. Exercise of the right to compensation

1 Within three months of the expiry of each accounting period, the employer shall submit to the credit union that it has designated all claims for compensation for the workers of its undertaking or construction site.

2 Where the two-year period within the meaning of s. 35, para. 1, short for the company, the right to compensation must, as a general rule, be exercised with the credit union which paid the allowance in the event of a reduction in the hours of work. The Federal Council defines exceptions.

3 Employer remits to the credit union:

A.
The documents necessary for the examination of the entitlement to and the calculation of the allowance;
B.
A count of the allowances paid to his workers.
Art. 48 Reimbursement of compensation

1 The credit union examines whether the conditions under which compensation is paid are met (s. 42 and 43).

2 Where all the conditions have been met and the cantonal authority has raised no objection, the credit union shall reimburse the employer, as a general rule within one month, for the allowances paid, after deduction of the amount provided for The waiting period (art. 43, para. 3). In addition, it gives the employer a bonus corresponding to the amount of the employer's share of the AVS, AI, APG, CA contributions that it must pay for the lost hours to be taken into account. 1

3 Compensation that the employer does not claim within the prescribed period of time under s. 47, para. 1, are not reimbursed to him.


1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. Control requirements

1 The Federal Council shall lay down the control requirements applicable to workers who have been interrupted for work due to inclement weather.

2 In some cases, the cantonal authority may order detailed checks in order to avoid abuses. 1


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. 50 Provisional occupation

Art. 41 shall apply mutatis mutandis.

Chapter 5 Insolvency Allowance

Art. Right to compensation

1 Workers subject to the payment of contributions, who are in the service of an insolvent employer subject to a forced execution procedure in Switzerland or employing workers in Switzerland, are entitled to an insolvency benefit (hereinafter: Compensation) where: 1

A.
A bankruptcy proceeding is initiated against their employer and, at that time, they have wages owed to him or
B. 2
The bankruptcy proceedings are not initiated for the sole reason that no creditor is ready, because of the employer's known indebtedness, to make the advance of costs or
C. 3
Submitted a claim for a claim for wages owed to their employer.

2 Are not entitled to compensation the persons who determine the decisions taken by the employer-or can influence them considerably-as a partner, a member of a governing body of the undertaking or the holder of an interest The same applies to the spouses of these persons, when they are employed in the same company. 4


1 New content according to the c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
2 Introduced by c. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
3 Formerly let. B.
4 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. Extent of the allowance

1 The allowance covers salary claims for the last four months at the most of the same work report, up to, for each month, the maximum amount referred to in s. 3, para. 2. Workers' allowances are an integral part of the salary. 1

1bis The indemnity shall exceptionally cover wage claims arising after the declaration of bankruptcy to the extent that the insured, in good faith, could not know that the bankruptcy had been pronounced and to the extent that such claims did not Were not debts of the bankrupt estate. The allowance may not cover a period exceeding that set out in para. 1. 2

2 Statutory contributions to social insurance must be deducted from the allowance. The credit union is required to draw up, together with the competent bodies, the counting of the prescribed contributions and to debit the share of the contributions owed by the workers.


1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
2 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. Exercise of the right to compensation

1 Where the employer has been declared bankrupt, the worker must submit his claim for compensation to the competent public body because of the place of the office of the prosecution or the bankruptcy, within 60 days from the date of the Publication of the bankruptcy in the Swiss Federal Trade Sheet.

2 In the case of seizure of the employer, the worker must submit his claim within 60 days of the date of execution of the seizure.

3 At the end of these periods, the right to compensation shall lapse.

Art. Cashier Subrogation

1 In making the payment of the allowance, the credit union is subject to the insured in its rights in respect of the wage claim, including the legal privilege, up to the amount of the compensation it has paid and the social insurance contributions that it makes Has acquitted. The credit union may not forfeit its rights unless the bankruptcy proceedings are suspended by the judge who filed the bankruptcy (s. 230 LP 1 ).

2 The Federal Council sets out the conditions under which the credit union may renounce its claim when it is a matter of prosecuting the employer abroad.

3 If the insured person has already obtained an act of default, he or she is required to transfer it to the credit union.


Art. Obligations of the insured person

1 In the bankruptcy or seizure procedure, the worker is required to take all the measures necessary to safeguard his right to the employer, until the credit union informs him of the subrogation in that procedure. Once the credit union has become a party to the proceedings, the worker is required to assist him in the defence of his rights.

2 The worker is required to repay the allowance in derogation from s. 25, para. 1, LPGA 1 , where his claim for wages is not allowed in the case of bankruptcy or seizure or is not covered by wilful misconduct or gross negligence on his part or that the employer has honoured the claim at a later date. 2


1 RS 830.1
2 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).

Art. 56 Obligation to inform

The employer, as well as the prosecution or bankruptcy office, are required to provide the credit union with all the information necessary to assess whether the worker is entitled to compensation in the event of insolvency and to determine the amount.

Art. 57 Funding

Benefits are funded through insurance revenues.

Art. 1 Supercetic sis

The provisions of this Chapter shall apply mutatis mutandis, in the event of a stay of proceedings or an adjournment of the declaration of bankruptcy by the judge.


1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Chapter 6 Labour market measures 7

Section 1 General provisions 8

Art. 1 Principles

1 Insurance allocates financial benefits under labour market measures in favour of insured persons and persons at risk of unemployment.

1bis These measures include training measures (Section 2), employment measures (Section 3) and specific measures (Section 4). 2

1ter Persons threatened with imminent unemployment can only claim the benefits referred to in s. 60. 3

1c At the request of the canton, the compensation body may authorise persons at risk of unemployment in the context of collective redundancies to participate in labour market measures. 4

2 Labour market measures are designed to promote the professional integration of insured persons whose placement is difficult for reasons inherent in the labour market. These measures include the following:

A.
Improve the employability of insured persons so as to enable them to be reintegrated quickly and sustainably;
B.
Promote the professional qualifications of insured persons according to the needs of the labour market;
C.
Reduce the risk of long-term unemployment;
D.
To provide insured persons with professional experience.

3 Can participate in the labour market measures provided for in s. 60 to 71 D Insured persons who:

A.
The conditions set out in Art. 8, provided that the law does not provide otherwise;
B.
The specific conditions attached to the measure.

3bis Insured persons over 50 years of age who meet the conditions set out in para. 3 may participate in training or employment measures up to the end of their compensation framework, irrespective of their entitlement to the unemployment benefit. 5

4 The competent authorities and the disability insurance bodies work together to ensure the reintegration of the disabled.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
5 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. A 1 Assessment of needs and experiences 2

The compensation body shall, in cooperation with the competent authorities, ensure that: 3

A. 4
Labour market measures need to be systematically analysed, taking into account the specific implications for each sex;
B.
The effectiveness of measures is monitored and the results taken into account in the preparation and implementation of new measures;
C. 5
Experiences in Switzerland and abroad are subject to evaluation on the basis of which concrete measures will be recommended to the implementing authorities, with a focus on measures for young people And unemployed women as well as long-term unemployed.

1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. B 1 Benefits in case of participation in labour market measures

1 Insurance shall pay to insured persons per diems for the days during which, according to a decision of the competent authority, they take part in a training measure or a measure of employment, or devote themselves to the preparation of a Independent activity under s. 71 A .

2 The Federal Council shall establish a minimum daily allowance for insured persons who participate in the employment measures provided for in Art. 64 A , para. 1, let. A or b, which has a training share of up to 40 %. If the level of occupation is less than 100 %, the minimum daily allowance shall be reduced proportionally.

3 The insurance also provides:

A.
Employment initiation allowances (art. 65);
B.
Training allowances (art. 66 A );
C.
Contributions to daily travel expenses and weekly travel and subsistence expenses (s. 68).

1 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Art. C 1 Jurisdiction and procedure

1 Grant applications for labour market measures must be submitted to the competent authority with due reasons and early before the start of the measure.

2 The competent authority shall rule on applications concerning the specific measures referred to in Art. 65 to 71 D And on requests for individual training measures.

3 It shall forward to the compensation body the applications for the collective training and employment measures accompanied by its notice. The clearing body shall decide on the grant of the grants. It shall periodically submit a report to the Monitoring Committee.

4 Where a labour market measure is organised on a Swiss scale, the grant application must be addressed directly to the clearing body.

5 The Federal Council may authorise the compensation body to delegate the jurisdiction to rule on requests for the subsidizing of collective training or employment measures up to a maximum amount which it fixes itself. To this end, it may issue directives on the quality control of training measures.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. C Bis 1 Financial benefits for labour market measures

1 Insurance may subsidize employers'or workers' organisations, the institutions established jointly by the social partners, the cantons and the municipalities, as well as other public or private institutions which establish Labour market measures.

2 The insurance shall reimburse the organisers for the certified costs required by the organisation of labour market measures.

3 It shall reimburse the participants for the costs attested to by participation in labour market measures.

4 The credit union seeks the return of subsidies which have been wrongly paid under collective labour market measures.

5 The insurance reimburses the cantons for the costs of labour market measures up to a maximum amount. The Federal Department of Economics, Training and Research (DEFR) 2 Sets the ceiling.


1 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
2 New expression according to c. I 23 of the O of 15 June 2012 (Reorganization of the departments), in force since 1 Er Jan 2013 ( RO 2012 3655 ). This mod has been taken into account. Throughout the text.

Art. D 1 Benefits for persons who do not meet or are not released from the assessment period

1 Persons who do not meet the conditions for the period of assessment, are not released and have not exhausted their entitlement to the unemployment benefit are entitled, for a period of up to two years, to the right of up to 260 days, to Benefits referred to in s. 59 C Bis , para. 3, where they follow a training or employment measure by virtue of a decision of the competent authority and that measure makes them suitable for gainful employment.

2 The cost of training and employment measures referred to in para. 1 is divided equally between the insurance and the cantons.


1 Introduced by ch. I of the PMQ of 22 March 2002 ( RO 2003 1728 ; FF 2001 2123 ). New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 (RO 2011 1167; FF 2008 7029).

Section 2 Training measures 9

Art. 60 1 ... 2

1 In particular, individual or collective training courses for retraining, upgrading or integration, participation in training companies and training courses are considered as training measures.

2 Can apply for unemployment insurance benefits for participation in courses:

A.
In relation to the benefits referred to in s. 59 B , para. 1, insured persons;
B. 3
In relation to the benefits referred to in s. 59cbis, para. 3, persons threatened with imminent unemployment.

3 A person who decides on his or her own course to take a course must submit a duly substantiated request to the competent authority, rather early before the start of the course, to which it will attach the necessary documents.

4 If participation in a course requires it, the person concerned is not required to be fit for placement during the course of the course.

5 Training measures within the meaning of this Law shall be selected and implemented as far as possible in accordance with the principles of the Federal Law of 13 December 2002 on vocational training (LFPr) 4 Labour market measures and measures under the FPr are coordinated with a view to promoting a seamless and transparent labour market.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 RS 412.10

Art. 61 And 62 1

1 Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

S. 63 And 64 1

1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Section 3 10 Employment Measures

Art. 64 A Temporary employment programs, professional internships and motivational semesters

1 The following are deemed to be employment measures, in particular, temporary employment which falls within the scope of:

A.
Programs organized by public or private non-profit institutions; these programs must not, however, compete directly with the private economy;
B. 1
Professional courses in a business or administration; in the case of high unemployment, the Federal Council may provide for the participation of persons who are subject to the waiting period referred to in Art. 18, para. 2, to such internships;
C. 2
Incentive semesters for insured persons seeking a place of training at the end of their compulsory education provided that they have not completed any vocational training and are not mature.

2 Art. 16, para. 2, let. C, apply mutatis mutandis to the exercise of temporary employment within the meaning of para. 1, let. A.

3 Art. 16, para. 2, let. C and e to h shall apply mutatis mutandis to the exercise of temporary employment within the meaning of para. 1, let. B.

4 Art. 16, para. 2, let. C, and 59 D , para. 1, apply by analogy to the exercise of temporary employment within the meaning of para. 1, let. C.

5 The Federal Council fixes the amount of the monthly contribution paid to persons participating in a motivational semester during the waiting period. 3


1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 64 B Scope of Benefits

1 ... 1

2 The Federal Council may lay down minimum requirements for the financial participation of employers in temporary employment when they take the form of professional traineeships.


1 Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Section 4 Specific measures 11

Art. Job initiation allowances 1

Insured persons whose placement is difficult and who, as a result of an initiation into work in a business, receive a reduced salary, may receive initiation allowances at work when: 2

A. 3
...
B.
The reduced salary during the current period corresponds to at least the work provided and
C.
That, at the end of that period, the insured person can expect a commitment to the usual conditions in the branch and region, taking into account, where appropriate, a sustainably restricted working capacity.

1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
3 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. A 1

1 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Art. 66 Amount and duration of induction allowances at work 1

1 Job initiation allowances cover the difference between the actual salary and the normal salary that the insured can claim at the end of his or her current account, taking into account his or her ability to work, but not more than 60 % of the normal salary.

2 During the framework, allowances shall be paid for up to six months, in exceptional cases, for up to twelve months. 2

2bis Insured persons 50 years of age or older are entitled to work initiation allowances for 12 months. 3

3 Work-initiation allowances are reduced by one-third of their initial amount after each third of the duration of the planned current, but at the earliest after two months. For insured persons aged 50 or over, they are reduced by one third of their initial amount from the month following the first half of the estimated duration. 4 5

4 The allowances are paid through the employer, in addition to the agreed salary. The employer must pay the usual social insurance contributions on the full salary and take the worker's share. 6


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 Phrase introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
5 Introduced by ch. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).
6 Introduced by ch. I of the 5 Oct PMQ. 1990, in force since 1 Er Jan 1992 (RO) 1991 2125; FF 1989 III 369).

Art. 66 A 1 Training Allocations 2

1 Insurance may grant allowances for up to three years' training to the insured person who:

A. 3
...
B.
Is at least 30 years of age; and
C.
Has not completed vocational training or has great difficulty in finding a job corresponding to his or her training.

2 In substantiated cases, the clearing body may authorise a derogation from para. 1 concerning length of training and age limit. 4

3 Training allowances are not available for insured persons who have a high school diploma or a high school or who have completed at least three years of training at one of these institutions.

4 The allowance shall be granted only if the insured person has entered into a training contract with the employer which provides for a programme attested by a certificate. 5


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 66 B 1

1 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Art. 66 C 1 Amount and duration of training allowances

1 The employer shall pay to the worker training allowances and a salary which is equivalent to at least the salary obtained during the relevant basic vocational training and which takes appropriate account of his or her work experience. It pays the social contributions relating to the training allowances and the salary and deducted from the amount paid to the worker on the part of the worker. 2

2 The training allowances correspond to the difference between the actual salary and a maximum amount fixed by the Federal Council.

3 The credit union shall pay to the employer, on presentation of a monthly statement, the training allowances, the employer's share of the social contributions relating to the training allowances granted and the entirety of the employer's share of the foresight Professional. 3

4 The compensation framework shall be extended to the end of the training for which the allowance has been granted. 4


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 67 1

1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 68 1 Contribution to daily travel expenses and weekly travel and subsistence expenses. Right to contribution

1 The insurance pays the insured a contribution to the daily travel expenses or to the weekly travel and subsistence expenses under the following conditions:

A.
No suitable work could be attributed to him in the area of his home;
B.
It meets the conditions for the period of assessment set out in s. 13.

2 The insured persons concerned may receive contributions for up to six months during the framework period.

3 Contributions shall be paid only to the extent that the expenses caused to the insured by the taking of a job outside the country financially disadvantage him compared to his previous activity.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 69 Contribution to Daily Travel Expenses

The contribution to daily travel expenses covers the certified travel expenses that insured persons must bear in order to travel daily to the place of their new employment and return to their homes.

Art. Contribution to weekly travel and subsistence expenses

The contribution to the weekly travel and subsistence expenses partly covers the costs to the insured that they are unable to return each day instead of their home. It includes a lump-sum allowance for accommodation from outside and for additional living expenses as well as the reimbursement of the necessary and certified travel expenses resulting from the weekly return and return between The workplace and the place of residence.

Art. 1

1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. A 1 Support for insured persons undertaking an independent activity 2

1 Insurance can support the insured person who is planning to undertake a sustainable independent activity through the payment of 90 per diem allowances during the project development phase. 3

2 It can assume, for this category of policyholders, 20 % of the risk of losses in respect of bonds granted within the limits of the Federal Act of 6 October 2006 on financial aid to guarantee organisations in favour of small And medium enterprises 4 The amount paid by the compensation fund in the event of loss is charged to the insured person's right to the daily allowance. 5


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 RS 951.25
5 New content according to Art. 13 para. 2 hp. 2 of the 6 Oct LF. 2006 on financial aid to guarantee organisations for small and medium-sized enterprises, in force since 15 July. 2007 ( RO 2007 693 ; FF 2006 2887 2915).

Art. B 1 Entitlement to benefits

1 The insured person is eligible for support under s. 71 A , para. 1: 2

A. 3
He or she is unemployed without fail;
B. 4
...
C.
At least 20 years of age; and
D.
If it presents an outline of an economically viable independent project.

2 Insured persons who, within nine months of their enrolment in unemployment, present to an organization within the meaning of s. 3 of the Federal Act of 6 October 2006 on financial aid to guarantee organisations for small and medium-sized enterprises 5 , recognised by the Confederation, an elaborate project of economically viable, long-term economic activity, which also fulfils the conditions laid down in para. 1, let. A and c may apply for assistance under s. 71 A , para. 2. 6

3 During the project development phase, the insured person is discharged from the obligations set out in s. 17 and is not required to be fit for placement. 7


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 RS 951.25
6 New content according to Art. 13 para. 2 hp. 2 of the 6 Oct LF. 2006 on financial aid to guarantee organisations for small and medium-sized enterprises, in force since 15 July. 2007 ( RO 2007 693 ; FF 2006 2887 2915).
7 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. C 1

1 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Art. D 1 Outcome of the project development phase

1 At the end of the project development phase, but at the latest when it receives the last daily allowance, the insured person must indicate to the competent authority whether or not he undertakes an independent activity. If the project has been submitted to an organization within the meaning of s. 3 of the Federal Act of 6 October 2006 on financial aid to guarantee organisations for small and medium-sized enterprises 2 , the obligation to inform is then the responsibility of the latter. 3

2 If the insured person undertakes an independent activity, the current compensation framework shall be extended by two years for the subsequent granting of any daily allowances. 4 The insured person shall not receive in total more than the maximum number of daily allowances fixed in art. 27.


1 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).
2 RS 951.25
3 New content according to Art. 13 para. 2 hp. 2 of the 6 Oct LF. 2006 on financial aid to guarantee organisations for small and medium-sized enterprises, in force since 15 July. 2007 ( RO 2007 693 ; FF 2006 2887 2915).
4 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 72 1

1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 72 A To 72 C 1

1 Introduced by c. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Chapter 7 Other measures 12

Art. Subsidies to promote labour market research

1 In order to help balance the labour market, insurance can provide subsidies to promote applied research in the labour market.

2 The Monitoring Committee shall decide on the allocation of grants. The amount of these grants amounts to 20 to 50 % of the costs that can be taken into account. The Federal Council shall determine the costs to be taken into account. 1

3 The clearing body may itself issue research mandates with the agreement of the Supervisory Committee. In such a case, it shall take the full charge, unless the participation of other bodies has been provided for. 2


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. A 1 Evaluation

The clearing body shall, after consulting the Monitoring Committee, ensure that the effectiveness of the measures under the Unemployment Insurance Act is monitored. The main results of these evaluations are reported to the Federal Council and published.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

S. 74 And 75 1

1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 75 A 1 Driver-drivers

1 After consultation with the Monitoring Committee, the clearing body may authorise time-limited pilot tests which deviate from the law. Such experiments may be accepted as long as they meet one of the following goals:

A.
Experimentation with new labour market measures;
B.
Maintenance of existing jobs;
C.
Reintegration of unemployed persons.

2 The measures referred to in para. 1, let. A, cannot derogate from s. 1 A At 6, 8, 16, 18, para. 1 and 1 Bis , 18 A , 18 B , 18 C , 22 to 27, 30, 51 to 58 and 90 to 121.

3 The measures referred to in para. 1, let. B and c may not derogate from s. 1 A To 6, 16, 51 to 58 and 90 to 121.

4 Pilot testing must not compromise the rights of benefit recipients under the Act.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 75 B 1 Introduction of new labour market measures

The Federal Council may introduce, for a period of up to four years, the new labour market measures which have proved to be conclusive in the pilot trials referred to in Art. 75 A .


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Title 4 Organization

Chapter 1 Implementing bodies 13

Art. 76

1 The following are responsible for the application of the insurance scheme:

A.
Public unemployment funds and registered private unemployment funds (art. 77 to 82);
B.
The compensation body for unemployment insurance, including the compensation fund (Art. 83 and 84);
C.
The implementing bodies designated by the cantons: the cantonal authority (Art. 85), regional investment offices (ORP; s. 85 B ) And the logistics service of labour market measures (LMMT service; art. 85 C );
D.
Tripartite commissions (art. 85 D );
E.
AVS clearing funds (s. 86);
F.
AVS clearing house (art. 87);
G.
Employers (s. 88);
H.
The Monitoring Committee (Art. 89). 1

2 The cantons and the social partners cooperate in the application; the Confederation carries out surveillance.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Chapter 2 Unemployment funds

Art. 77 Public Funds

1 Each canton has a public register accessible to all insured persons domiciled in the canton, as well as to insured border workers who work in the canton. This credit union is also available to businesses in the canton to pay to all affected workers, regardless of their place of residence, compensation in the event of a reduction in work hours and allowances in Bad weather. It has sole jurisdiction to pay compensation in the event of insolvency (art. 53, para. 1).

2 The canton is the founder of the caisse.

3 ... 1

4 Several cantons may, with the consent of the State Secretariat for the Economy (SECO) 2 , manage a public fund common to their territories.


1 Repealed by c. I of the PMQ of 22 March 2002, with effect from 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.

S. 78 1 Private Unemployment Funds

1 Employers'and workers' organisations of national, regional or cantonal importance may separately or jointly set up private unemployment funds. These must be approved by the clearing body. A credit union is approved when its founder offers any guarantee of proper and rational management.

2 Private unemployment funds may restrict their field of activity to a particular region or group of persons or occupations.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. Institution, organization and legal nature of the caisses

1 The founders set out in a regulation the organisation of their caisse, the possible limitations of its field of activity and responsibilities when the credit union has several founders. They shall submit the Regulation to the clearing body for approval. 1

2 The caisses do not have legal personality; however, they deal with the outside in their own name and have standing in court.

3 All cash flows of a private credit union, other than cash payments, must be made through bank accounts or postal cheques used exclusively for this purpose. 2 In the event of the founder's bankruptcy, the assets deposited on these accounts are not included in the bankrupt estate. Art. 242 of the LP 3 Applies by analogy.


1 New wording of the sentence as per c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 RS 281.1

Art. 80 Cancellation of Approval

1 Private funds may waive registration by notifying the clearing body in writing. 1 Subject to special circumstances, the waiver takes effect at the end of the calendar year, but no sooner than six months.

2 The clearing body may revoke the approval of the private funds when: 2

A.
The management is not correct or rational and, despite the warning of the clearing body, the credit union has not remedied the deficiencies in due time;
B.
The credit union has repeatedly violated the formal instructions given by the clearing body or
C.
The founder of the credit union does not meet his legal obligations with respect to liability.

3 The end of the registration results in the dissolution of the credit union and its liquidation.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. Caisses Tasks

1 The caisses perform the following tasks in particular:

A.
They determine entitlement to benefits as such a task is not expressly reserved for another body;
B.
They suspend the exercise of the right to compensation in the case provided for in s. 30, para. 1, provided that such jurisdiction does not belong, in accordance with para. 2, to the cantonal authority;
C.
They provide benefits unless otherwise provided by law;
D.
They manage the working capital in accordance with the provisions of the order;
E. 1
They shall submit periodic accounts, in accordance with the directives of the clearing body.

2 The credit union may submit a case to the cantonal authority for decision, where it has doubts as to: 2

A.
Whether the insured person is entitled to compensation;
B.
If and, where applicable, for how many days and when the right of the insured person to benefit is to be suspended.

1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. Accountability of the founders of the caisses to the Confederation 1

1 The Founder is accountable to the Confederation for the damage that his credit union has caused intentionally or negligently in the performance of his duties. 2

2 Where a credit union has several founders, they are jointly and severally liable.

3 The compensation body shall fix, by decision, the damages that are due. He may waive his rights in the event of a slight fault. 3

4 Payments made by the founder are increased to the compensation fund.

5 The compensation fund equitably compensates the founder for the risk of liability. The Federal Council shall determine the amount of such compensation and the amount owed by the founder of the credit union for each case of damage. 4

6 Liability shall be extinguished where the compensation body makes no decision within one year from the date on which it became aware of the damage, in all cases ten years after the harmful event. 5


1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
2 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).
3 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).
4 Introduced by ch. I of the PMQ of 23 June 2000 ( RO 2000 3093 ; FF 2000 1588 ). New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 (RO 2011 1167; FF 2008 7029).
5 Introduced by ch. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3453 ; FF 2002 763 ).

Art. A 1 Liability to insured persons and third parties

1 Claims for relief within the meaning of s. 78 LPGA 2 Shall be presented to the competent body, which shall act by decision.

2 Liability shall be extinguished where the aggrieved party fails to submit its application within one year from the date on which it was informed of the damage, but in all cases ten years after the injurious act.


1 Introduced by ch. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
2 RS 830.1

Chapter 3 Other implementing bodies

Art. 83 Unemployment Insurance Compensation Board

1 The clearing body shall:

A.
Accounts for contributions made to the unemployment insurance fund;
B.
Maintains the accounts of the compensation fund;
C. 1
Periodically monitor the management of funds and cantonal authorities; it may entrust the control of the funds, in whole or in part, to the cantons or to third parties;
C Bis . 2 Monitors the execution of tasks entrusted to the cantonal authorities and the cantonal authorities;
D.
Revisers the payments of the funds or entruss this task, in whole or in part, to the cantons or to another body;
E. 3
Gives instructions to the founders of the caisses and the cantonal authorities;
F. 4
A decision on applications for compensation from the Confederation against the founder, the canton, the employer or the AVS compensation fund (art. 82, 85 D , 88 and 89 A );
G.
Allocate the necessary resources from the compensation fund to the funds in accordance with the requirements of this Act and the order;
H. 5
Takes measures to prevent the payment of unjustified benefits and commits extraordinary inspectors to this effect in the event of significant and persistent unemployment;
I. 6
Manages information systems for the performance of legal tasks and the establishment of statistics;
K. 7
Makes the decisions referred to in s. 59 C , para. 3, and provides grants under s. 62 and 64 B ;
L.
Monitors cantonal authorities' decisions;
M. 8 Decides to take account of the administrative costs of the funds, the cantonal authorities, the regional investment offices and the logistics services of labour market measures;
N.
Ensures coordination with other social insurance;
N Bis . 9 Ensures coordination with the cantons within the EURES (European Employment Services) network under Art. 11 of Annex I to the Agreement of 21 June 1999 between, on the one hand, the Swiss Confederation and, on the other, the European Community and its Member States on the free movement of persons (Agreement on the free movement of persons) 10 In the version of the protocols of 26 October 2004 11 And 27 May 2008 12 On the extension of the Agreement on the free movement of persons to the new Member States of the EC;
O. 13
Manages the computer centre of the caisses;
P. 14
Coordinates the implementation of labour market measures and can prepare the design;
Q. 15
Takes action to apply s. 59 A ;
R. 16
Section, in derogation from s. 35 LPGA 17 Disputes over the territorial jurisdiction of the cantonal authorities;
S. 18
A determination of the cases referred to in s. 31, para. 1 Bis , which are submitted by the cantonal authorities.

2 The clearing body shall submit to the Monitoring Committee:

A.
The operating account, the capital account of the compensation fund and the annual report that it will forward to the Federal Council;
B.
Other periodic counts;
C. 19
Periodic reports on the control of management, the revision of payments made by the funds and the decisions of the cantonal authorities on labour market measures;
D. 20
Applications for grants to promote labour market research (art. 73);
E. 21
Reports required under s. 59 C , para. 3;
F. 22
The budget and accounts of the data centre.

3 The clearing body is administered by the SECO.


1 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).
2 Introduced by c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).
3 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).
4 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
5 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
6 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 2772 ; FF 2000 219 ).
7 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
8 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
9 Introduced by Art. 2 hp. 15 of the AF of 17 Dec. 2004 (extension of the Ac. On the free movement of persons to the new EC Member States and accompanying measures) ( RO 2006 979 ; FF 2004 5523 6187). New content according to Art. 3 ch. 11 of the FA of 13 June 2008 (extension and extension of the Ac. On the free movement of persons to Bulgaria and Romania), in force since 1 Er June 2009 (RO 2009 2411; FF 2008 1927).
10 RS 0.142.112.681
11 RO 2006 995
12 RS 0.142.112.681.1
13 Introduced by c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
14 Introduced by c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
15 Introduced by c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
16 Introduced by c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
17 RS 830.1
18 Introduced by c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
19 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
20 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
21 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
22 Introduced by c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. 83 A 1 Revisions and controls to employers

1 Where the clearing body finds that the legal requirements are not applied or are not correctly applied, it shall give the necessary instructions to the credit union or the competent authority.

2 Decisions taken pursuant to s. 82, para. 3, and 85 G , para. 2, are reserved.

3 In the field of checks with employers, the clearing body shall take the necessary steps by way of decision. The credit union is responsible for the cashing.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 84 Compensation Fund

1 The compensation fund does not have legal personality, but has its own accounting.

2 Payments for various benefits (s. 7) are accounted for separately.

3 The fortunes of the compensation fund were managed by the Confederacy.

4 It must be placed in accordance with the supervisory board's guidelines for insurance in such a way as to ensure adequate liquidity, security of investments and performance in accordance with market conditions. 1

5 The annual accounts and the balance sheet are published.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 85 Cantonal Authorities

1 Cantonal authorities:

A. 1
Advise the unemployed and endeavour to place them, where appropriate with the cooperation of the joint investment institutions, of the investment institutions managed by the founding organisations or private placement services; Ensure that the reintegration opportunities for each insured are carefully clarified during the first month of controlled unemployment;
B.
Establish entitlement to benefits to the extent that this task is theirs under this Act;
C.
Determine whether the jobs offered to insured persons are suitable and, if so, assign them and give them direction in accordance with s. 17, para. 3;
D.
Verify the ability of the unemployed to be placed;
E. 2
Adjudicate on cases submitted to them by the caisses under s. 81, para. 2, and 95, para. 3;
F.
Carry out the control requirements laid down by the Federal Council;
G.
Suspend the exercise of the right to compensation in cases provided for in s. 30, para. 2 and 4, and restrict the right to compensation in the event of reduced hours of work or compensation in the event of bad weather (art. 41, para. 5 and 50);
H. 3
Decide on grant applications for labour market measures (Art. 59 C , para. 3) and ensure that the supply in this field is sufficient and commensurate with the needs;
I. 4
Exercise the other powers conferred on them by law, in particular s. 36, para. 4, 45, para. 4, and 59 C , para. 2;
J. 5
Report periodically to the compensation fund, to the Supervisory Commission, on their decisions on labour market measures;
K. 6
Submit periodically to the clearing body, in accordance with its guidelines and to the Supervisory Commission, the administrative costs of the cantonal authority, the regional investment offices and the service Logistics of labour market measures.

2 ... 7


1 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 Introduced by c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
6 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
7 Repealed by c. I of the PMQ of 23 June 1995, with effect from 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Art. 85 A 1

1 Introduced by Art. 42 al. 1 of the 6 Oct LF. 1989 on the employment service and the hiring of services (RO 1991 392; FF 1985 III 524). Repealed by c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, with effect from 1 Er Jan 2003 (RO) 2002 3371; FF 1991 II 181 888, 1994 V 897, 1999 4168).

Art. 85 B 1 Regional Investment Offices

1 The cantons establish regional placement offices. They entrust them with tasks belonging to the cantonal authority. They may entrust them with the registration procedure for the placement provided for in Art. 17, para. 2. 2

2 Regional employment offices can carry out their tasks with the assistance of private organizations.

3 The cantons announce to the clearing body the tasks and competences assigned to the regional placement office.

4 The Federal Council shall lay down the professional requirements to be met by the person responsible for the public employment service. 3


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 85 C 1 Logistics services of labour market measures

Each canton may establish a logistics service responsible for setting up labour market measures. It may entrust the latter with tasks under the authority of the cantonal authority.


1 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Art. 85 D 1 Tripartite Commissions

1 The tripartite commissions advise the regional placement offices in their activities and give their approval in accordance with Art. 16, para. 2, let. I.

2 The cantons designate the relevant tripartite commissions for each regional placement office. They are made up of an equal number of representatives of employers, workers and the authority in the labour market. A representative of the public body and a representative of the cantonal authority responsible for vocational training shall serve on the tripartite committee with a consultative vote.

3 Tripartite commissions have the right to be informed by the regional investment offices on their activities.

4 The cantons may, with the agreement of the social partners, entrust the tripartite committees with tasks set out in Art. 85.

5 The representatives of the social partners in the tripartite committees encourage their organisation to encourage the establishment of a sufficient supply of labour market measures.


1 Introduced by ch. I of the Ass O. Fed. June 21, 2002 ( RO 2002 3453 ; FF 2002 763 ). New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123).

Art. 85 E 1 Encouraging Intercantonal Collaboration

1 Several cantons may, with the agreement of the clearing body, manage a common cantonal authority for their territory, regional joint investment offices and common logistics services for labour market measures.

2 The Federal Council and the clearing house impose management and financial conditions on the cantons to encourage inter-cantonal cooperation.


1 Introduced by ch. 16 of the annex to the LF of 6 Oct. 2000 on the general part of social insurance law ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168). New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).

Art. 85 F 1 Encouragement of interinstitutional collaboration

1 The cantonal authorities, the regional employment offices, the logistics services for labour market measures and the caisses work closely with:

A.
Career counselling services;
B.
Social services;
C.
The implementing bodies of the cantonal laws on assistance to the unemployed;
D.
Disability Insurance and Health Insurance Administrators; and
E.
Bodies responsible for implementing legislation on asylum;
F.
Cantonal authorities responsible for vocational training;
G.
The Swiss National Insurance Fund for Accidents (CNA);
H.
Other private or public institutions important for the integration of policyholders.

2 In derogation from Art. 32 and 33 LPGA 2 , the organs mentioned in para. 1, let. A to h, may be authorized on a case-by-case basis to consult the necessary records and the data recorded in the information system provided for in s. 35 A , para. 1, of the Act of 6 October 1989 on the Service of Employment and the Leasing of Services 3 The following conditions:

A.
The person concerned receives benefits from the body concerned and gives an agreement;
B.
The body concerned shall accord reciprocity to the implementing bodies of unemployment insurance.

3 The Unemployment Insurance Administrators and the Disability Insurance Services are mutually free from the obligation to keep the secret (s. 33 LPGA) insofar as:

A.
There is no overriding private interest;
B.
The information and documents provided are used to determine when it is not yet clear which authority is responsible for the cost of:
1.
The integration measure best suited to the situation of the interest;
2.
The rights of the individual to unemployment insurance and disability insurance.

4 The exchange of data within the meaning of para. 3 may be made without the consent of the person concerned and, as the case may be, orally, in derogation from s. 32 LPGA. The subsequent interested party should be informed of the exchange of data and its contents.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 RS 830.1
3 RS 823.11

Art. 85 G 1 Responsibility of the cantons for the Confederation

1 The canton responds to the Confederation of the damage that its cantonal authority, its regional investment offices, its logistics service for labour market measures, its tripartite commissions or the labour offices of its They have done so by committing an offence or by contravening the requirements, intentionally or negligently.

2 The compensation body shall fix, by decision, the damages that are due. He may waive his rights in the event of a slight fault.

3 Payments made by the canton shall be credited to the compensation fund.

4 Liability shall be extinguished if the compensation body does not make a decision within one year after receiving notice of the damage, but not later than ten years after the harmful event.

5 The compensation fund equitably compensates the canton for the risk of liability. The Federal Council shall determine the amount of such compensation and the amount payable by the canton for each case of damage. 2


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 85 H 1 Responsibility of the cantons for insured persons and third parties

1 Insured persons and third parties submit claims under s. 78 LPGA 2 To the competent cantonal authority, which shall act by decision.

2 Liability shall be extinguished if the injured person or third party fails to submit his or her application within one year after receiving notice of the damage, but not later than ten years after the injurious act.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 RS 830.1

Art. 86 AVS clearing balances

The AVS compensation funds collect the contributions and transfer the amount to the AVS clearing house.

Art. AVS Clearing Central

1 The AVS clearing house:

A.
Controls the accounts of the AVS; compensation funds;
B.
Transfers the contributions received to the unemployment insurance compensation fund;
C.
Establishes an annual account for the unemployment insurance clearing body.

2 The Federal Council regulates the collaboration between the AVS clearing house and the unemployment insurance clearing house.

Art. Employers

1 Employers:

A.
Establish for the competent AVS compensation fund the calculation of their contributions and those of their workers (Art. 5, para. 1 and art. 6);
B.
Establish, in a timely manner, the certifications that workers must produce when claiming entitlement to benefits;
C.
Subject to the provisions on compensation in the event of a reduction in the hours of work, weather and insolvency that affect them;
D. 1
Subject to their legal obligations to inform and inform; in derogation from s. 28, para. 3, LPGA 2 , the authorization of the person claiming the right to insurance benefits is not necessary.

2 They are accountable to the Confederation for all the damage that they themselves or persons mandated by them can cause intentionally or through negligence. Art. 82, para. 3 and 4 shall apply mutatis mutandis. 3

2bis If the abusive collection of benefits entails additional costs for the control of employers, these costs shall be borne by them. 4

2ter If the employer has improperly obtained the compensation in the event of a reduction in the hours of work or the compensation in the event of bad weather, the compensation body may decide, in derogation from Art. 25, para. 1, LPGA 5 , to make him pay an amount up to twice the amount of the benefits received. The credit union is responsible for the cashing. 6

3 The right to compensation is prescribed two years after the compensation body has been informed of the damage, in all cases five years after the occurrence of the damage. These deadlines can be suspended. The employer may waive the exemption. 7

4 Where the claim for compensation is based on a punishable act for which the criminal law provides for a longer limitation period, this time limit shall apply. 8

5 Liability under s. 78 LPGA is excluded. 9


1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
2 RS 830.1
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
5 RS 830.1
6 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
7 Introduced by ch. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
8 Introduced by ch. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
9 Introduced by ch. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).

Art. 89 Monitoring Committee

1 The Monitoring Committee of the Unemployment Insurance Compensation Fund monitors the status and evolution of the Fund and reviews the annual accounts and the annual report to the Federal Council. Annual report. It provides guidance on the investments of the compensation fund.

2 It assists the Federal Council in all financial matters relating to insurance, in particular in the event of a change in the rate of assessment, where it may make proposals itself, as well as with regard to determination Administrative costs to be taken into account which are incurred by the funds, the cantonal authorities, the regional investment offices and the logistics services of labour market measures. 1

3 It assists the Federal Council in the drafting of legislation and may make proposals, in particular in the field of labour market measures. 2

4 It rules on the allocation of subsidies to promote research in the labour market (Art. 73, para. 2). 3 Moreover, it has the power to establish, within the limits of the legal provisions, general directives on the implementation of measures relating to the labour market. 4

5 As regards the administrative costs of the cantons and the caisses, as well as the clearing body (Art. 92), it is responsible for approving the budget and accounts. 5

6 The Commission consists of seven representatives of employers, seven of the workers and seven from the Confederation, the cantons and the scientific community.

7 The Federal Council appoints the members and designates the President.


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
3 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
4 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
5 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).

Art. 89 A 1 Responsibility of the organs of the Confederation and the compensation funds

1 Claims for reparations from insured persons or third parties under s. 78 LPGA 2 Against the clearing house, the compensation fund, the AVS clearing funds, the AVS clearing house or the supervisory board shall be presented to the competent body, which shall act by decision.

2 Art. 70 WASHERS 3 Applies by analogy to the liability of the AVS compensation funds to the Confederation. The compensation body shall assert the right to compensation by a decision.


1 Introduced by ch. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
2 RS 830.1
3 RS 831.10

Title 5 Financing

Art. 1 Sources of funding

The insurance is financed by:

A.
Contributions from insured persons and employers (art. 3);
B.
Participation by the Confederation in the costs of employment services and labour market measures;
C.
The return on capital of the compensation fund.

1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. A 1 Participation of the Confederation

1 Participation referred to in s. 90, let. B, is 0.159 % of the sum of the salaries subject to contribution.

2 The participation is increased by 500 million francs for the year 2011. 2


1 Introduced by ch. I of the PMQ of 22 March 2002 ( RO 2003 1728 ; FF 2001 2123 ). New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 (RO 2011 1167; FF 2008 7029).
2 Introduced by ch. I 3 of the PMQ of Sept. 30. 2011 on measures to mitigate the effects of the strong franc and improve competitiveness, in force 1 Er Oct. 2011 to Sept. 30. 2012 ( RO 2011 4497 ; FF 2011 6217 ).

Art. B 1 Annual balance of accounts

If the means provided for in Art. 90 is not sufficient to cover insurance expenditures, the Confederation provides cash loans under the terms of the contract in accordance with s. 36 of the Act of 6 October 1989 on the finances of the Confederation 2 .


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 [RO 1990 985, 1995 836 hp. II, 1996 3042, 1997 2022 Annex c. 2 2465 appendix c. 11, 1998 1202 art. 7 ch. 3 2847 annex, c. 5, 1999 3131, 2000 273 Annex, c. 7, 2001 707 art. 31 ch. 2, 2002 2471, 2003 535 3543 Annex c. II 7 4265 5191, 2004 1633 hp. I 6 1985 Annex c. II 3 2143. RO 2006 1275 art. 64]. See currently the 7 Oct PMQ. 2005 (RS 611.0 ).

Art. C 1 Conjunctural risk

1 If, at the end of the year, the debt of the compensation fund reaches or exceeds 2.5 % of the sum of the salaries subject to assessment, the Federal Council must submit, within one year, a revision of the law introducing a new regulation of the Funding. It increases the contribution rate set out in art by no more than 0.3 percentage point. 3, para. 2, and subject to the obligation to contribute the salary bands above the maximum insured gain. The levy on these salary ranges must not exceed 1 %. 2

2 If, at the end of the year, the capital of the compensation fund, under the deduction of working capital of 2 billion francs necessary for the operation, reaches or exceeds 2.5 % of the sum of the salaries subject to assessment, the Federal Council Must lower the contribution rates set out in s. 3, para. 2 and 3, within one year. It must simultaneously reduce and in the same proportion the participation of the Confederation attached to s. 90, let. B, and the participation of the cantons laid down in Art. 92, para. 7 Bis He can give up the rate cut if the cyclical outlook points to a sharp and imminent increase in unemployment. If the capital of the compensation fund is further degraded, it may increase the contribution rates up to the maximum rates set out in Art. 3, para. 2 and 3.


1 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Jan 2014 ( RO 2013 3519 ; FF 2013 1715 ). See also disp. And trans. Of the said mod. At the end of the text.

Art. 91 Fund Working Capital Fund

1 The insurance compensation body shall ensure that each credit union has a working capital fund, drawn from the compensation fund and adapted to the expenses of the fund. The Bank manages its working capital in a fiduciary capacity.

2 Where necessary, funds may request advances from the clearing body.

Art. 92 Administration Fee

1 The costs to the credit unions of AVS through the collection of contributions are reimbursed to them in a fair measure by the unemployment insurance fund.

2 Administration costs incurred at the AVS clearing house through unemployment insurance are covered by the unemployment insurance fund.

3 The administrative costs incurred by the compensation body by the implementation of unemployment insurance shall be borne by the compensation fund. 1

4 The other administrative costs of the clearing body, such as expenditure on management and staff work, are covered by the general revenue of the Confederation. 2

5 The costs of the Supervisory Committee shall be borne by the compensation fund. 3

6 The compensation fund shall reimburse the founders of the funds for the costs to be taken into account as a result of the performance of the tasks laid down in Art. 81. On a proposal from the Supervisory Committee, the Federal Council shall fix the costs to be taken into account. It takes into account the fixed costs fairly in order to offset fluctuations in the labour market, as well as the risk of liability (art. 82). The costs to be taken into account are reimbursed based on the benefits provided. DEFR may enter into benefit agreements with the founders. 4

7 The compensation fund shall reimburse the cantons for the costs to be taken into account in the public employment service for the performance of the tasks laid down in Art. 83, para. 1, let. N Bis , and 85, para. 1, let. D, e and g to k, the operation of the regional investment offices in accordance with Art. 85 B And the operation of the logistics services of labour market measures in accordance with Art. 85 C . 5 On a proposal from the Supervisory Committee, the Federal Council shall fix the costs to be taken into account. It takes into account, in a fair way, the fixed costs for dealing with fluctuations in the labour market, the risk of liability (art. 85 G ) And the temporary additional costs generated by intercantonal collaboration (art. 85 E ) And interinstitutional (art. 85 F ). The costs to be taken into account are reimbursed based on the results of the benefits provided. DEFR may enter into benefit agreements with the cantons. 6

7bis The cantons participate in the costs of the employment service and labour market measures of 0.053 % of the sum of the salaries subject to contribution. 7 The Federal Council sets the share for each canton by means of a distribution key, taking into account the annual number of days of controlled unemployment. 8 The amount owing by a township in respect of its interest is deducted from the amount refunded to it under para. 7. 9

8 The administration costs of the computer centre are the responsibility of the compensation fund. 10

9 The compensation fund shall pay to the alternate institution appropriate compensation for the additional costs incurred by the performance of occupational foresight according to Art. 60, para. 2, let. E, of the Federal Act of 25 June 1982 on the occupational pensions, survivors and invalidity (LPP) 11 . 12


1 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).
2 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).
3 New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 3093 ; FF 2000 1588 ).
4 Introduced by Art. 42 al. 1 of the 6 Oct LF. 1989 on the employment service and the hiring of services (RO 1991 392; FF 1985 III 524). New content according to the c. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 (RO) 2000 3093; FF 2000 1588 ).
5 New content according to Art. 2 hp. 15 of the AF of 17 Dec. 2004 (extension of the Ac. To the new EC Member States and accompanying measures), in force since 1 Er April 2006 ( RO 2006 979 ; FF 2004 5523 6187).
6 Introduced by ch. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 (RO 2003 1728; FF 2001 2123 ).
7 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
8 New wording of the sentence as per c. II 28 of the 6 Oct LF. 2006 (Fiscal Equalization Reform), effective from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
9 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
10 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
11 RS 831.40
12 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1997 (RO) 1996 273, 1997 60 hp. II 1; FF 1994 I 340).

Art. 93 Costs of justice and costs

Where a credit union or a cantonal authority is to bear costs of justice or costs in relation to the performance of this Law, the compensation fund shall reimburse them, to the extent that such costs have not been caused by recklessness or Lightness. The costs incurred by the founder of the credit union or a canton in proceedings against the clearing body or the Confederation shall not be reimbursed.

Title 6 Miscellaneous provisions

Art. 94 1 Compensation, Third Party Payment and Forced Enforcement 2

1 The refunds and benefits payable under this Act may be compensated by each other and by refunds and annuities or per diems due under the AVS, invalidity insurance, Professional foresight, of the Act of 25 September 1952 on benefits for loss of gain 3 , military insurance, compulsory accident insurance, health insurance, as well as supplementary AVS/AI benefits and legal family allowances. 4

2 If a credit union has announced the compensation to another social insurance, it can no longer be released by paying the insured person. This rule also applies in the opposite case.

3 If the daily allowances are paid retroactively, private or public social welfare institutions which have made advances to ensure the maintenance of the insured during the period concerned may require the recovery of a Amount up to the amount of advances that they have paid. The right to unemployment benefits shall be subtracted from any forced execution up to that amount. 5


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 RS 834.1
4 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
5 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 95 1 Return of benefits

1 The application for restitution is governed by Art. 25 LPGA 2 , with the exception of cases under s. 55 and 59 C Bis , para. 4. 3

1bis The insured person who has received unemployment benefits and then collects, for the same period, an annuity or daily allowance for invalidity insurance, professional foresight, the law of 25 September 1952 on allowances For loss of gain 4 , military insurance, compulsory accident insurance, sickness insurance or legal family allowances, is obliged to reimburse the daily allowances paid by unemployment insurance during that period. 5 Notwithstanding s. 25, para. 1, LPGA, the amount to be returned is limited to the sum of the benefits paid for the same period by these institutions. 6

1ter If a credit union has provided financial benefits for retraining, development or integration measures that should have been paid by another social insurance, it requests the return of its benefits to that insurance. 7

2 The credit union requires the employer to return the allowance in the event of a reduction in the hours of work or inclement weather when the allowance has been incorrectly paid. Where the employer is responsible for the error, the employer shall not charge its workers for the reimbursement of the allowance.

3 Where appropriate, the credit union shall submit its request for surrender to the cantonal authority for decision.


1 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
2 RS 830.1
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 RS 834.1
5 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
6 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
7 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).

Art. 96 1 Using the AVS insured number

The bodies responsible for applying this Law shall be entitled to systematically use the AVS number for the performance of their legal duties, in accordance with the provisions of the LAVS 2 .


1 New content according to the c. 14 of the Annex to the PMQ of 23 June 2006 (New AVS insured number), in force since 1 Er Dec. 2007 ( RO 2007 5259 ; FF 2006 515 ).
2 RS 831.10

Art. 96 A 1

1 Introduced by ch. I of the PMQ of 23 June 2000 ( RO 2000 2772 ; FF 2000 219 ). Repealed by c. I of the Ass O. Fed. On 21 June 2002, with effect from 1 Er Jan 2003 (RO) 2002 3453; FF 2002 763).

Art. 96 B 1 Processing of personal data

The bodies responsible for applying this Law, controlling or monitoring the execution of this Law shall be entitled to process and process personal data, including sensitive data and personality profiles, which are necessary for them To perform the tasks assigned to them by this Law, in particular to: 2

A.
Registering, advising and placing insured persons applying for insurance benefits;
B.
Establish entitlement to benefits, calculate, allocate and coordinate them with other social insurance;
C.
Establishing the right to subsidies, calculating, paying and controlling the use of subsidies;
D.
Deduct contributions from other social insurance;
E.
Withholding tax at source;
F.
Implement labour market measures;
G.
Asserting claims of insurance;
H.
Monitor the performance of this Act;
I.
Establish statistics;
J. 3
Assign or verify the AVS insured number.

1 Introduced by ch. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 2772 ; FF 2000 219 ).
2 New content according to the c. 14 of the Annex to the PMQ of 23 June 2006 (New AVS insured number), in force since 1 Er Dec. 2007 ( RO 2007 5259 ; FF 2006 515 ).
3 Introduced by c. 14 of the Annex to the PMQ of 23 June 2006 (New AVS insured number), in force since 1 Er Dec. 2007 ( RO 2007 5259 ; FF 2006 515 ).

Art. 96 C 1 Online access 2

1 The following bodies can access the information systems managed by the clearing body online (Art. 83, para. 1, let. (i) to carry out the tasks referred to in para. 2: 3

A.
The compensation body for unemployment insurance;
B.
Unemployment funds;
C.
The authorities entrusted by the cantons to apply this Law;
D.
Regional investment offices;
E.
Services responsible for the logistics of labour market measures.

2 They may access personal data, including sensitive data and personality profiles, which are necessary for them to perform the following tasks, which are assigned to them by this Law:

A.
Monitor and control the enforcement of this Act;
B.
Allocate the necessary resources to the caisses;
C.
Fixing and repaying administrative costs;
D.
Advice and placement of job applicants;
E.
Establish entitlement to benefits;
F.
Apply the control requirements;
G.
Calculate and remit benefits;
H.
To make decisions under this Act or the provisions of administrative procedure;
I.
Ensure that the supply of labour market measures is sufficient.

2bis The exchange of personal data, including sensitive data and personality profiles, between unemployment insurance information systems (art. 83, para. 1, let. (i) and the public employment service (art. 35 of the Act of 6 October 1989 on the Employment and Leasing of Service, LSE 4 ) Shall be authorized to the extent necessary for the execution of this Law and the LSE. 5

2ter The social assistance bodies can access online the information systems managed by the compensation body (Art. 83, para. 1, let. (i). The Federal Council limits access to these systems and their use to relevant information for the proper management of the case and for the reintegration of unemployed and former unemployed persons using social assistance. 6

3 The Federal Council regulates the responsibility for the protection of data, the data to be seized, their shelf-life, access to data, the organisation and operation of information systems, cooperation between the authorities designated to Al. 1 and data security.


1 Introduced by ch. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 2772 ; FF 2000 219 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 RS 823.11
5 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
6 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 96 D 1

1 Introduced by ch. I of the PMQ of 23 June 2000 ( RO 2000 2772 ; FF 2000 219 ). Repealed by c. I of the Ass O. Fed. On 21 June 2002, with effect from 1 Er Jan 2003 (RO) 2002 3453; FF 2002 763).

Art. 97 1

1 Repealed by c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, with effect from 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).

Art. 97 A 1 Data Communication

1 To the extent that there is no overriding private interest, the bodies responsible for administering this Act or supervising or monitoring the application may disclose data, in derogation from s. 33 LPGA 2 :

A.
Other bodies responsible for applying or supervising the implementation of this Law, where they are necessary for the performance of the tasks assigned to them by this Law;
B.
Organs of another social insurance, where, in derogation from s. 32, para. 2, LPGA, the obligation to disclose is the result of federal legislation;
B Bis . 3 Organs of another social insurance, for the purpose of assigning or checking the AVS insured number;
B Ter . 4
To the competent authorities in respect of aliens, in accordance with Art. 97, para. 3, Federal Act of 16 December 2005 on Foreigners 5 ;
C.
To the competent tax authorities at source, in accordance with Art. 88 and 100 of the Federal Direct Tax Act of December 14, 1990 6 And the corresponding cantonal provisions;
D.
To the bodies of the Federal Statistics, in accordance with the Act of 9 October 1992 on Federal Statistics 7 ;
E.
Criminal investigation authorities in the case of reporting or preventing a crime;
E Bis . 8
The Confederation Intelligence Service (CBC) or the cantonal security bodies for the CBC, where the conditions under s. 13 A Federal Act of March 21, 1997, instituting measures for the maintenance of domestic security (SIMA) 9 Are completed;
F.
In cases of species and on written and reasoned request:
1.
The competent authorities in the field of social assistance, where they are required to fix or amend benefits, to demand repayment or to prevent undue payments,
2.
Civil courts, where they are required to settle a dispute under family law or inheritance law,
3.
Criminal courts and criminal investigation bodies, where they are required to establish the facts in the event of a crime or crime,
4.
To the prosecution offices, in accordance with Art. 91, 163 and 222 of the FA 10 ,
5.
Tax authorities, where they are required to enforce tax laws,
6. 11
The child and adult protection authorities referred to in s. 448, para. 4, CC 12 ,
7. 13
The authorities responsible for implementing the Federal Act of 16 December 2005 on foreigners 14 And the Agreement of 21 June 1999 between the Swiss Confederation, of the one part, and the European Community and its Member States, of the other part, on the free movement of persons 15 , including the annexes, protocols and Swiss implementing provisions,
8. 16
The CBC or the cantonal security bodies for the CBC when the conditions referred to in s. 13 A Of SIMA are completed. 17

2 The data necessary for the fight against undeclared work can be communicated in accordance with Art. 11 and 12 of the Act of 17 June 2005 on undeclared work 18 . 19

2bis Public and private unemployment funds may communicate to the bodies referred to in Art. 7 of the Act of 8 October 1999 on posted workers 20 Data necessary to monitor compliance with minimum working and salary conditions. 21

3 Notwithstanding s. 33 LPGA, data of general interest relating to the application of this Act may be published. The anonymity of insured persons must be guaranteed. 22

4 In other cases, data may be disclosed to third parties, in derogation from s. 33 LPGA: 23

A.
In the case of non-personal data, where a preponderant interest justifies it;
B.
In the case of personal data, where the person concerned has consented in writing or, if it is not possible to obtain his consent, where the circumstances make it possible to assume that it is in the interests of the insured person.

5 Only data that is necessary for the purpose in question can be provided.

6 The Federal Council shall rule on the details of the communication and the information of the person concerned.

7 The data are communicated in principle in writing and free of charge. The Federal Council may provide for the collection of emoluments for cases requiring particularly important work.


1 Introduced by ch. I of the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 2772 ; FF 2000 219 ).
2 RS 830.1
3 Introduced by c. 14 of the Annex to the PMQ of 23 June 2006 (New AVS insured number), in force since 1 Er Dec. 2007 ( RO 2007 5259 ; FF 2006 515 ).
4 Introduced by c. 3 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Jan 2014 ( RO 2013 4375 ; FF 2010 4035 ; 2011 6735).
5 RS 142.20
6 RS 642.11
7 RS 431.01
8 Introduced by c. 14 of the annex to the LF of 23 Dec. 2011, in effect since 16 July. 2012 ( RO 2012 3745 ; FF 2007 4773 , 2010 7147).
9 RS 120
10 RS 281.1
11 Introduced by ch. 30 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).
12 RS 210
13 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
14 RS 142.20
15 RS 0.142.112.681
16 Introduced by ch. 14 of the annex to the LF of 23 Dec. 2011, in effect since 16 July. 2012 ( RO 2012 3745 ; FF 2007 4773 , 2010 7147).
17 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3453 ; FF 2002 763 ).
18 RS 822.41
19 New content according to the c. 8 of the Annex to the LF of 17 June 2005 on black labour, in force since 1 Er Jan 2008 ( RO 2007 359 ; FF 2002 3371 ).
20 RS 823.20
21 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
22 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3453 ; FF 2002 763 ).
23 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3453 ; FF 2002 763 ).

Art. 98 1

1 Repealed by c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, with effect from 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).

Art. 98 A 1 Military insurance reports

In the case of a benefit contest provided for by this Law with benefits provided for in the Federal Act of 19 June 1992 on military insurance 2 , priority is in principle given to military insurance benefits.


1 Introduced by ch. 8 of the Annex to the PMQ of 19 June 1992 on military insurance, in force since 1 Er Jan 1994 (RO) 1993 3043; FF 1990 III 189).
2 RS 833.1

Art. 1

1 Repealed by c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, with effect from 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).

Heading 7 14 Specifications of the proceedings and of the legal remedies

Art. 100 Principles

1 A decision is rendered in cases under s. 36, para. 4, 45, para. 4, and 59 C , as well as in the cases that are the subject of a claim for compensation. 1 For the rest, in derogation from s. 49, para. 1, LPGA 2 , the simplified procedure provided for in s. 51 LPGA is applicable, unless the application has been fully or partially rejected.

2 The cantons may, in derogation from Art. 52, para. 1, LPGA, entrust the cantonal authorities with the processing of oppositions to decisions handed down by the regional investment offices on the basis of Art. 85 B . 3

3 The Federal Council may regulate jurisdiction by reason of the place of the cantonal court of insurance other than art. 58, para. 1 and 2, LPGA. 4

4 Objections and appeals against decisions made under s. 15 and 30 do not have suspensory effect. 5


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 RS 830.1
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
4 Introduced by ch. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3475 ; FF 2002 763 ).
5 Introduced by ch. I of the PMQ of 22 March 2002, ( RO 2003 1728 ; FF 2001 2123 ). New content according to the c. II 46 of the LF of 20 March 2008 on the formal updating of federal law, in force since 1 Er August 2008 (RO 2008 3437; FF 2007 5789).

Art. 101 1 Special appeal authority

Notwithstanding s. 58, para. 1, LPGA 2 , the decisions and decisions on the recourse of the SECO and the decisions of the compensation body may be appealed to the Federal Administrative Court.


1 New content according to the c. 115 of the Annex to the PMQ of 17 June 2005 on the TAF, in force since 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
2 RS 830.1

Art. 102 1 Quality to use

1 The SECO also has the right to appeal to the cantonal courts for insurance against the decisions of the cantonal authorities, the regional investment offices and the caisses.

2 The SECO, the cantonal authorities and the caisses also have the right to appeal to the Federal Court of Insurance against the decisions of the cantonal insurance courts.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Jan 2003 ( RO 2002 3475 ; FF 2002 763 ).

Art. 103 And 104

Repealed

Title 8 Criminal provisions

Art. 105 Delays

Those who, by false or incomplete indications or otherwise, have obtained, for themselves or for others, insurance benefits to which they were not entitled,

The person who, by false or incomplete information or in any other way, will have obtained from the compensation fund benefits in favour of the founder of a credit union, whereas the latter was not entitled to it,

The person who has violated the obligation to keep the secret,

The person who, in the application of this Act, has abused his or her position as an employee of a credit union for the purpose of gaining a benefit to himself or the founder of the credit union or to disadvantage a third party, 1

Be punished with a prison sentence of not more than six months or a penalty of 180 days at most, unless it is a crime or a crime with a higher penalty under the Penal Code 2 . 3


1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).
2 RS 311.0
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 106 Contraventions

A person who, in violation of his or her obligation to provide information, knowingly gave false or incomplete information or refused to provide information,

The person who has breached its obligation to notify,

The person who has objected to an inspection ordered by the competent authority or otherwise made impossible,

The person who has refused to complete the prescribed forms or will have fulfilled them contrary to the truth,

The person who, as an employee of a caisse or a cantonal implementing body, has intentionally misrepresented the accounts of that credit union or other documents, or 1

The person who, as the founder of an association fund, has not held a separate account for the movement of payments or will have used such an account for other purposes,

Be punished with a fine unless s. 105 is applicable. 2


1 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er April 2011 ( RO 2011 1167 ; FF 2008 7029 ).

Art. 107 Delays and contraventions in the management of a business

If the offence or contravention is committed in the management of a corporation, a partnership or a business on an individual social basis or in the management of a corporation or a public law institution, s. 6 and 7 of the Federal Act of 22 March 1974 on administrative criminal law 1 Are applicable.


S. 108 1

1 Repealed by c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, with effect from 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).

Title 9 Final provisions

Chapter 1 Enforcement

Section 1 Confederation

S. 109 Implementing provisions

The Federal Council shall issue the implementing provisions. It shall, in advance, hear the cantons and the organisations concerned.

Art. 110 1 Monitoring

The supervisory authorities (art. 76 LPGA 2 ) Ensure, among other things, the uniform application of the law. They may give instructions to the implementing bodies.


1 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
2 RS 830.1

Art. 110 A And 110 B 1

1 Introduced by c. I of the PMQ of June 23, 1995 (RO 1996 273; FF 1994 I 340). Repealed by c. I of the PMQ of March 22, 2002 (RO 2003 1728; FF 2001 2123 ).

S. 111 And 112 1

1 Repealed by c. I of the PMQ of 22 March 2002 ( RO 2003 1728 ; FF 2001 2123 ).

Section 2 Cantons

Art. 113

1 The cantons shall take the measures incumbent upon them under this Law and the ordinances of the Federal Council. They enact the implementing provisions and submit them for approval by the Confederation. 1

2 The cantons:

A.
Manage the cantonal cases provided for in this Law;
B.
Designate the competent authorities and the appeal authorities;
C. 2
Establish regional placement offices according to Art. 85 B ;
D. 3
Establish tripartite commissions in accordance with art. 85 C 4 ;
E. 5
Resolve the procedure;
F. 6
Ensure effective collaboration between the relevant insurance offices and those in the field of investment;
G. 7
Designate five statutory holidays eligible for the unemployment benefit under s. 19 8 .

3 ... 9


1 Modified by ch. III of the LF of 15 Dec. 1989 on the approval of legislative acts of the cantons by the Confederation, in force since 1 Er Feb 1991 (RO) 1991 362; FF 1988 II 1293).
2 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
3 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
4 Currently " according to Art. 85 D ".
5 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
6 Introduced by c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
7 Introduced by c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
8 This art. Is currently being repealed.
9 Repealed by c. I of the PMQ of 23 June 1995, with effect from 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).

Chapter 2 Amendment, Repeal and Continuation of the Law in Force

Section 1 Amendment of the law in force

Art. 114 1

1 Repealed by c. II 46 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Art. 115 Federal Insurance Contract Act

... 1


1 The mod. Can be consulted at the RO 1982 2184.

Art. 116 1

1 Repealed by c. II 46 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Art. Code of Obligations

... 1


1 The mod. Can be consulted at the RO 1982 2184.

Art. A 1 Federal Act on Old Age Pensions, Survivors and Disability

... 2


1 Introduced by ch. I of the PMQ of 23 June 1995, in force since 1 Er Jul. 1997 (RO 1996 273, 1997 60 hp. II 1,806; FF 1994 I 340).
2 The mod. Can be consulted at the RO 1996 273.

Section 2 Repeal of the right in force

Art. 118

1 Are repealed:

A.
The Federal Order of 8 October 1976 establishing compulsory unemployment insurance 1 (transitional arrangements);
B.
The Federal Act of 22 June 1951 on Unemployment Insurance 2 ;
C.
C. I to III and c. VI of the Federal Decree of 20 June 1975 establishing in the field of unemployment insurance and labour market measures to combat the decline in employment and incomes 3 ;
D. 4
The Federal Order of March 19, 1993 on Unemployment Insurance Measures 5 .

2 The repealed provisions shall continue to apply to the facts that occurred prior to the coming into force of this Act.


1 [RO 1977 208, 1982 166,1894]
2 [RO 1951 1167, 1959 559, 1965 325 s. 61, 1967 25, 1968 90, 1973 1535, 1975 1078 hp. I, II, VI, 1977 208 s. 38 al. 1 let. A, 1982 1209]
3 [RO 1975 1078, 1977 208 s. 37]
4 Introduced by c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
5 [RO 1993 1066]

S. 119 1

1 Repealed by c. II 46 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Chapter 3 Transitional provisions 15

Art. 120 Recognized Caisses 1

Amongst the existing funds at the time of entry into force of this Law shall be deemed to have been approved, without the need for a new authorisation procedure:

A.
The public funds whose founder is a canton and whose scope extends to the canton as a whole;
B.
Association funds with the exception of business cases.

1 Introduced by ch. I 5 of the PMQ of 17 June 2005 on the 2004 budget relief programme, in force since 1 Er Jan. 2006 ( RO 2005 5427 ; FF 2005 693 ).

Art. 120 A 1 Participation of the Confederation from 2006 to 2008

1 Notwithstanding s. 90 A , the participation of the Confederation referred to in s. 90, let. B, amounts to 0.12 % of the sum of salaries subject to contributions for the years 2006 to 2008.

2 If the state of the debt of the compensation fund reaches at the end of 2006 or at the end of 2007 the 2.5 % of the sum of the salaries subject to contributions, the reduction of the participation of the Confederation will not be pursued.


1 Introduced by ch. I 5 of the PMQ of 17 June 2005 on the 2004 budget relief programme, in force since 1 Er Jan. 2006 ( RO 2005 5427 ; FF 2005 693 ).

Chapter 4 16 Relationship to European law

Art. 121 1

1 Also applicable to persons referred to in s. 2 of Regulation n O 1408/71 2 In respect of the benefits provided for in s. 4 of the said Regulation as long as they are included in the material scope of this Law:

A. 3
The Agreement of 21 June 1999 between, on the one hand, the Swiss Confederation and, on the other, the European Community and its Member States on the free movement of persons 4 , in the version of the protocols of 26 October 2004 5 And 27 May 2008 6 On the extension of the Agreement on the free movement of persons to the new Member States of the EC, its Annex II and the regulations n Bone 1408/71 and 574/72 7 In their adapted version;
B. 8
The Convention of 4 January 1960 establishing the European Free Trade Association 9 In the version of the Agreement of 21 June 2001 amending the Convention, its Annex K, Appendix 2 to Annex K and the regulations n Bone 1408/71 and 574/72 in their adapted version.

2 The expressions "Member States of the European Community" and "States of the European Community" in the provisions of that Act refer to the States to which the agreement referred to in para. 1, let. A.


1 New content according to Art. 2 hp. 15 of the AF of 17 Dec. 2004 (extension of the Ac. On the free movement of persons to the new Member States of the EC and accompanying measures), in force since 1 Er April 2006 ( RO 2006 979 ; FF 2004 5523 6187).
2 R (EEC) n O -Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community; in the latest version In force under the Agreement on free movement of persons (RS 0.831.109.268.1 ) And the revised EFTA.
3 New content according to Art. 3 ch. 11 of the FA of 13 June 2008 (extension and extension of the Ac. On the free movement of persons to Bulgaria and Romania), in force since 1 Er June 2009 ( RO 2009 2411 ; FF 2008 1927 ).
4 RS 0.142.112.681
5 RO 2006 995
6 RS 0.142.112.681.1
7 R (EEC) n O 574/72 of the Council of 21 March 1972 laying down detailed rules for the application of R (EEC) 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving to Within the Community; in the latest version in force according to the Ac. On the free movement of persons (RS 0.831.109.268.11 ) And the revised EFTA.
8 Rectified by the drafting committee of the Ass. Fed. (art. 58, para. 1, LParl; RS 171.10 ).
9 RS 0.632.31

Chapter 5 17 Referendum and entry into force

Art. 122 1

1 This Law shall be subject to the optional referendum.

2 The Federal Council shall fix the date of entry into force.


1 Formerly art. 121.

Transitional Provisions of the Amendment of March 22, 2002 20

Transitional Provision of the Amendment of 19 March 2010 21

Transitional provision of the amendment of 21 June 2013 22

A contribution of 1 % shall be levied on the salary bands above the maximum amount of the insured gain, up to the end of the year in which the capital of the compensation fund, under the deduction of working capital necessary for the Operating, reaching or exceeding 0.5 billion francs. The jurisdiction of the Federal Council to levy a contribution of 1 % on these salary bands under s. 90 C , para. 1, is then deleted.


RO 1982 2184


1 [RS 1 3; RO 1976 2001). At disp. Currently referred to correspond to s. 110, para. 1, let. A and c, and 114 of the Cst. Of 18 April 1999 (RS 101 ).
2 New content according to the c. 2 of the Annex to the PMQ of 23 June 2000, in force since 1 Er Jan 2001 ( RO 2000 2677 ; FF 1999 4601 ).
3 FF 1980 III 485
4 Introduced by ch. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
5 Formerly tit. 1.
6 New content according to the c. I of the PMQ of 23 June 1995, in force since 1 Er Jan 1996 (RO) 1996 273; FF 1994 I 340).
7 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
8 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
9 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
10 Introduced by c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
11 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
12 Introduced by ch. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
13 New content according to the c. I of the PMQ of 22 March 2002, in force since 1 Er Jul. 2003 ( RO 2003 1728 ; FF 2001 2123 ).
14 New content according to the c. 16 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, in force since 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
15 New content according to the c. I 5 of the PMQ of 17 June 2005 on the 2004 budget relief programme, in force since 1 Er Jan. 2006 ( RO 2005 5427 ; FF 2005 693 ).
16 Introduced by ch. I 12 of the 8 Oct LF. 1999 on the Ac. Between Switzerland and, on the other hand, the EC and its Member States on the free movement of persons, in force since 1 Er June 2002 ( RO 2002 701 ; FF 1999 5440 ).
17 Formerly chap. 4.
18 ACF of Dec 6. 1982
19 O of 31 August 1983 (RO 1983 1204)
20 RO 2003 1728 . Repealed by c. II 46 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 (RO 2008 3437; FF 2007 5789 ).
21 RO 2011 1167 . Repealed by the ch. II of the LF of 21 June 2013, with effect from 1 Er Jan 2014 (RO) 2013 3519; FF 2013 1715 ).
22 RO 2013 3519 ; FF 2013 1715


State 1 Er January 2014