Unemployment after resigning: what to expect
Resigning without having signed elsewhere does not disqualify you from unemployment benefits. But the insurance considers that you caused your own situation, and makes you pay for it: between 31 and 60 days without benefits in most cases. For many people, that is one to three months of salary lost, on top of the waiting period.
This guide explains the rule and its exceptions, how many suspension days you risk and what they cost, what you will receive afterwards, and the four reflexes to have during your notice period to limit the damage. The articles of the Unemployment Insurance Act (LACI/AVIG) and its ordinance (OACI/AVIV) are cited so you can check.
What happens when you resign without a new job
You are entitled to benefits
A resignation does not remove the right to benefits. The conditions are the same as for everyone: at least 12 months of contributions in the previous 2 years, residence in Switzerland, being fit for placement and registered with the regional employment office (RAV/ORP).
But with suspension days
Anyone who “terminated the employment contract themselves without having been assured of obtaining a new job” is unemployed through their own fault (art. 30 para. 1 let. a LACI and art. 44 para. 1 let. b OACI). The fund then suspends payment of benefits for a number of days.
Unless you could not reasonably be expected to stay
The penalty does not apply if you prove that staying was not reasonable: damage to your health, harassment, unpaid salary, a move imposed by your spouse’s job. The reasons are detailed below.
The waiting period comes on top
Regardless of any fault, the first days of unemployment are not paid: 5 days in general, 0 to 20 days depending on your income and family responsibilities. Suspension days are added to that.
How many suspension days, and what they cost
The length depends on the seriousness of the fault (art. 45 para. 3 OACI):
| Seriousness | Suspension days | Example |
|---|---|---|
| Minor fault | 1 to 15 days | Insufficient job searches |
| Medium fault | 16 to 30 days | Resignation with a partially accepted reason |
| Serious fault | 31 to 60 days | Resignation without a new job and without a valid reason |
A resignation without a new job is by default a serious fault (art. 45 para. 4 let. a OACI): expect at least 31 days, and more if the fund considers you could have waited. SECO publishes a scale to harmonise decisions between funds. A penalty in the previous two years extends the suspension (art. 45 para. 5 OACI).
Suspension days are working days without benefits. They must be served within six months of the start of unemployment (art. 30 para. 3 LACI), after which they lapse. If you find a job before, you do not serve them.
In figures: with a salary of CHF 6,000 per month and benefits at 70%, the daily allowance is about CHF 194. 45 suspension days represent nearly CHF 8,700. With a salary of CHF 9,000, it exceeds CHF 13,000. That is the order of magnitude to weigh against leaving without a signed contract.
The reasons that avoid the penalty
Your health
A doctor certifies that the job harms your physical or mental health. A detailed medical certificate is required, not a simple sick note. The fund may ask that you first sought a solution with the employer.
Harassment or unacceptable working conditions
Bullying, sexual harassment, violation of personality rights. Gather evidence before leaving: emails, witness statements, an internal complaint or one to the labour inspectorate. A medical certificate alone does not establish harassment, which is a legal concept.
Unpaid salary or contract changed by force
Repeated salary delays, imposed pay cuts, unilateral change of position or workplace outside the contract.
Following your spouse
A move imposed by the professional transfer of your spouse or partner, making the commute unreasonable.
A signed contract that falls through
You had signed elsewhere and the new employer withdrew before your start date. You were indeed “assured of obtaining a new job”: no fault, provided you can prove it.
Your benefits: how much, and for how long
Once the suspension and waiting period are over, the insurance pays a daily allowance, five days a week, about 21.7 allowances per month.
- 80% of the insured salary if you have a dependent child under 25, receive a disability (AI/IV) pension, or have a low insured salary. 70% in all other cases (art. 22 LACI).
- The insured salary is your average salary over the last 6 or 12 months, capped at CHF 148,200 per year, i.e. CHF 12,350 per month.
- The number of allowances depends on your contribution period and age: 260 days with 12 months of contributions, 400 days from 18 months, 520 days from age 55 with 22 months of contributions, 90 days if you are exempt from contributing (art. 27 LACI).
- All of this takes place within a two-year framework period starting from your registration.
While unemployed, you must remain fit for placement, accept suitable work offered to you, and show your job searches to your RAV/ORP adviser every month. Each failure can lead to further suspension days.
During your notice period: the four reflexes
Register with the RAV/ORP right away
Registration is done online on arbeit.swiss or directly at the office. Do it during the notice period, at the latest on the first day of unemployment. Your notice period is when everything is decided.
Search now, and keep the evidence
The obligation to look for work starts before unemployment, as soon as the termination is known (art. 17 LACI). The office generally expects around ten applications a month, and penalises insufficient searches during the notice period with additional suspension days. Keep a copy of every application.
Collect your documents
Before your last day, request your employment reference, your salary statements and, in due course, the employer’s certificate for the unemployment fund. Any delay delays your benefits.
Sign before you leave
The only sure way to avoid the suspension is a contract signed before the end of the notice period. One to three months is plenty if you are visible to the right recruiters from day one.
The Licorn method to skip unemployment altogether
Visible before you even resign
Create your profile, Licorn generates your CV, and recruiters matching your criteria contact you. You sign first, you resign afterwards: zero suspension days.
Your requirements as a filter
Salary, workload, distance, remote work, availability date. You only receive offers that meet what you set, and you do not waste your notice period on pointless interviews.
Your employer sees nothing
Your profile is invisible to your current company. You choose who can access it, and you stay open to the market discreetly.
Frequently asked questions about unemployment after resigning
No. You keep your entitlement if you meet the ordinary conditions, notably 12 months of contributions in the last two years. Resignation leads to a temporary suspension of payment, not a loss of entitlement.
Between 31 and 60 suspension days in the standard case, because a resignation without a new job is classed as a serious fault. The fund may go below 31 days if mitigating circumstances are established, and up to 60 days in case of repeat offence or aggravating circumstances.
No. You need a signed contract or a firm written offer with a start date. If you resign on the basis of a verbal promise and the position is not confirmed, you will be treated as having resigned without a new job.
If the employer initiates the separation and the agreement is balanced, the fund generally does not penalise you. If you asked to leave and the employer simply agreed, the agreement is treated as a resignation. The fund looks at who wanted the contract to end, not at the form of the document.
Yes, and it is recommended. You can register as soon as notice is given, stating your contract end date. Your benefits start after your last working day, but your file is ready and your job searches are already documented.
Then there is no unemployment, so no suspension. That is exactly the scenario to aim for. If you are unemployed for only a few weeks, the suspension is served over those weeks and the balance lapses six months after the start of unemployment.
In short
Resigning without a new job does not disqualify you from unemployment benefits, but it costs you 31 to 60 days of allowances plus the waiting period, unless you can prove that staying was not reasonable. Register with the RAV/ORP during your notice period, search from day one while keeping the evidence, and collect your documents before you leave.
Above all: the simplest way to avoid all of this is to sign elsewhere before sending your resignation letter.
