Am I eligible for short-time work compensation (RHT) as a cross-border worker?
Answered with official sources — Rights, dismissal and mobbing
Answer
Yes. The Swiss LACI (Unemployment Insurance Act, RS 837.0) art. 31 provides Short-Time Work Compensation (RHT) for those suffering temporary work loss (order drop, COVID, exceptional events) source: Fedlex LACI RS 837.0. The employer files with the cantonal labour office; max duration 12 months over 2 years. The worker with hours reduction receives 80% of lost salary directly on payroll, financed by Swiss AD. For cross-border workers EU Reg. 883/2004 art. 65 para. 1 lit. a assimilates hours reduction to partial unemployment, paid by the Swiss cantonal AD fund. Italian NASpI does not apply. The worker must remain available for full-time return (no competing Italian job).
Official sources
1Other questions on this topic
- Must the employer issue a work certificate (Arbeitszeugnis)?
Yes, mandatorily (CO art. 330a). A full work certificate (Arbeitszeugnis) must state: activity, duration, quality of work and conduct, written in Swiss-standard coded language (standardised neutral formulas, never explicitly negative).
- Am I protected against workplace discrimination as a cross-border worker?
Yes. The Free Movement Agreement (AFMP) Annex I art. 9 requires equal treatment between Swiss and EU/EFTA workers on pay, social benefits, working conditions and training. The Gender Equality Act (LPar RS 151.1) bans gender discrimination in hiring, promotion, dismissal, pay.
- Is the Italian NASpI available to a cross-border worker dismissed from Switzerland?
Yes. Under EU Reg. 883/2004 art. 65 a totally unemployed cross-border worker is entitled to benefits in the country of residence (Italy) based on foreign contributions.
- What should I do in case of a workplace accident?
Notify the employer immediately and request the accident-notification form, sent to SUVA (or LAINF insurer) within 3 days. The doctor treats and certifies work incapacity.
- Is dismissal always lawful in Switzerland?
No. Although the principle of contractual freedom applies (CO art. 335), dismissal is abusive if motivated by protected grounds (CO art. 336): nationality, ethnic background, religious or political opinion, trade-union activity, age, gender, family status, whistleblowing.
- Who pays salary during long-term illness?
Beyond the CO scale (see salary FAQ) the collective AIGM (daily illness allowance) kicks in from day 31 in most cases. It covers 720 days in 900 at 80-90% of salary, funded by AIGM contributions split employer/employee.
- How do I protect myself from mobbing in Switzerland?
The employer has a duty to protect employees' personality (CO art. 328 and LTr art. 6). Mobbing — repeated psychological harassment at work — breaches this duty and triggers civil liability.
- Which unions can I join as a cross-border worker?
Cross-border workers may freely join Swiss unions for contractual assistance, grievances and legal advice. Main Ticino unions: OCST (Christian-Social Ticino Organisation, 38,000 members), UNIA (industry, construction, crafts, 180,000…