Entrepreneurs cheated: WW paid for years – and still no entitlement

The entrepreneur then registers as unemployed. Then the nasty surprise: the unemployment fund rejects his application. He is denied even a simple consultation.

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.