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For 13 years, François Cochard (52) has been fighting for unemployment benefits, first legally, now politically.
Together with four colleagues, he founded a GmbH that organized cultural events. As managing director, he collapsed for unemployment insurance (ALV) for several years.
But then the company no longer runs according to the business plan. After an accident at the Loveparade in Duisburg in 2010, the fire brigade withdrew his permit for a festival he had planned – just a few weeks before the start. Cochard sees no future in his job. Because he is sure that the festival will not be there in the coming years – and he quits his job.
The entrepreneur then registers as unemployed. Then the nasty surprise: the unemployment fund rejects his application. He is denied even a simple consultation.
The term “employer-type persons” includes persons who can significantly influence the decisions of the employer in a GmbH or an AG and in their capacity as a partner, as a financial stakeholder in the company or as a member of a top operational decision-making body. As long as they hold this position, they are not entitled to insurance benefits. The chosen legal form of the company does not matter, ie large company, SME or sole proprietorship.
The term “employer-type persons” includes persons who can significantly influence the decisions of the employer in a GmbH or an AG and in their capacity as a partner, as a financial stakeholder in the company or as a member of a top operational decision-making body. As long as they hold this position, they are not entitled to insurance benefits. The chosen legal form of the company is irrelevant, ie large company, SME or sole proprietorship.
Reason: Cochard was in a so-called employer position. An important shareholder and director of a GmbH is not entitled to unemployment benefits. Because in his position he directly influences the decisions of the company.
“I was left with nothing, I invested my savings in my business,” he says. “At this point I didn’t know how to pay for my purchases.”
The court agreed with him
The current rule is intended to prevent abuse of social benefits. In other words: Entrepreneurs should not stop of their own accord in difficult times, receive unemployment benefits and then activate the company again when the order situation improves.
He went to court. However, he had to defend himself because lawyers thought the chance of success was too small. Nevertheless, he achieved partial success. The court said that Cochard was doing everything he could to give up his influence as a shareholder and director of a GmbH. And I am therefore entitled to an ALV benefit. However, the Canton of Zurich referred the verdict to the Federal Supreme Court. This turned things around again.
“That’s not fair”
But Cochard did not give up and turned to politics – although he had long since found work again. He wants to correct the unjust system. A colleague even calls him the “Robin Hood of SMEs”. Cochard thinks the title is appropriate.
FDP National Councilor Andri Silberschmidt (29) also recognized an injustice in the current system: “Several hundreds of thousands of people pay into the insurance without being able to claim it. That’s unfair,” he tells Blick. When you start a business, you naturally take an entrepreneurial risk. “But if you fail, you need a social network that catches people.”
Already in 2017, GLP national councilor Jürg Grossen (53) proposed, after consultation with Cochard, that the Federal Council should amend the law. But the government sees and sees no need for change: the GMM is an employee insurance for which people in an employer-like position do not meet the requirements.
In 2019, Grossen’s proposal for waste paper came about because parliament had not processed it within two years.
New proposal
The responsible committees in the Council of States and the National Council have now agreed to Silberschmidt’s proposal, which also calls for a change in the law. The proposal will be submitted for consultation in mid-August.
It states that people in an employer position will still receive unemployment benefits. Specifically, they should be entitled to money after a waiting period if they are no longer employed and are not members of the board of directors.
Source:Blick
I am Liam Livingstone and I work in a news website. My main job is to write articles for the 24 Instant News. My specialty is covering politics and current affairs, which I’m passionate about. I have worked in this field for more than 5 years now and it’s been an amazing journey. With each passing day, my knowledge increases as well as my experience of the world we live in today.
