ALV für Unternehmer:innen: Das ändert sich jetzt in der Schweiz

What does the new Swiss unemployment insurance law mean for owner-managers?

Until now, Swiss entrepreneurs who were employed in their own companies faced a paradox: they paid into the unemployment insurance system (ALV/AC) but could only claim benefits after fully severing ties with their business. The revised law eliminates this contradiction.

The reform, driven by a parliamentary initiative from Andri Silberschmidt (FDP/ZH), introduces differentiated eligibility rules based on the company's situation. It targets a specific legal category — persons in an employer-like position — who are shareholders or directors actively employed within their own firm.

Key takeaways:

• Benefits are now accessible without requiring full company dissolution
• Two distinct tracks apply: company in liquidation vs. company still operating
• A 20-day additional waiting period applies in all cases
• A minimum of 2 years of employment within the company is required throughout

Why does this reform matter for founders and SMEs?

The Covid-19 crisis exposed a structural vulnerability in the Swiss social safety net: self-employed people and owner-managers were largely left without support during forced business interruptions, despite years of contributions. This reform directly addresses that gap.

Concrete benefits for entrepreneurs:

• Fairer access: Founder-employees now have the same basic protections as salaried workers
• Financial buffer in crisis: Cash flow pressure doesn't automatically force liquidation
• Better planning: Clear thresholds allow founders to structure their shareholding with future protection in mind
• Principle of reciprocity enforced: Those who contribute should be able to benefit — that principle now fully applies to owner-managers

A concrete example: a founder holds 40% of the company, holds no board seat, and has worked there for 3 years. If the business is not in liquidation, they now meet the eligibility criteria for unemployment benefits.

Who qualifies? The eligibility conditions explained

Eligibility depends on whether the company is in liquidation or actively operating.

If the company is in liquidation:

1. The person must no longer be employed at the company
2. They must have worked there for at least 2 years

If the company is NOT in liquidation:

1. Ownership stake below 50%
2. No seat on the board of directors
3. Less than 33% of voting rights as a shareholder
4. At least 2 years of employment within the company

In all cases, a 20-day additional waiting period applies before benefits are paid out — an anti-abuse mechanism introduced by the upper chamber.

💡 Practical tip: If you're structuring a new company or reviewing an existing shareholding, keep these thresholds in mind from day one. Your ownership structure directly determines your eligibility for social protection.

Frequently asked questions about the new unemployment insurance rules

Do entrepreneurs still need to close their company to claim unemployment benefits?Not necessarily. If the company is not in liquidation and the shareholding thresholds are met, benefits can be claimed while the business continues to operate. This is the fundamental change from the previous framework.

When does the new law come into effect?The bill has passed the reconciliation stage and is ready for a final vote in Parliament. The precise entry into force depends on the remaining legislative steps. Entrepreneurs should monitor developments closely.

How much will this reform cost?The Federal Council estimated additional annual costs of over CHF 400 million and had opposed the reform on those grounds. Parliament nevertheless approved the measure, judging the social equity gains to outweigh the fiscal impact.

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