Avoiding Penalty Days: The 7 Most Common Mistakes

Penalty days are the most sensitive instrument of unemployment insurance. They are days on which your entitlement to daily benefits is suspended, even though you would otherwise be eligible. These sanctions are not random but a direct result of breaches of duty. The good news: almost all of them are avoidable. This guide shows you the 7 most common mistakes, explains the legal background, and details the exact consequences.

Mistake 1: Self-Inflicted Unemployment (The Most Expensive Trap)

If you resign from a reasonable job without having a new one lined up, this is considered a serious fault. The principle is: you must not deliberately cause your own unemployment.

• The Consequence: This leads to the harshest sanction of 31 to 60 penalty days.
• Insider Tip: An exception exists if the job was unreasonable for health reasons. However, you must prove this with a medical certificate, ideally obtained before resigning. The hurdles for recognition are very high.

Mistake 2: Refusing a "Reasonable" Job

This is a critical misunderstanding. The term "reasonable" is not your personal opinion but a clear legal definition (Art. 16 AVIG). A job is almost always considered reasonable, even if it is not in your desired profession, the salary is lower (down to 70% of your insured earnings), or the commute is long (up to 4 hours round trip).

• The Consequence: Refusing a job deemed reasonable by the RAV inevitably leads to significant sanctions, usually in the range of 20 to 40 penalty days.

Mistake 3: Insufficient or Late Job Search Efforts

Your duty to look for a job begins immediately upon receiving notice of termination (the so-called duty to mitigate loss). The monthly proofs are the core of your obligations.

• Too Few Applications: Anyone who fails to provide the agreed number of applications (usually 8-12), even during the notice period, can expect 6 to 12 penalty days.
• Missed Deadline: The proof must be submitted to the RAV by the 5th day of the following month. A late submission is treated the same as no submission and can also lead to penalty days.

Mistake 4: Missing Appointments or Measures

The RAV can summon you to counselling sessions, information events, or labor market measures (LMM) such as courses or internships. These appointments are mandatory.

• The Consequence: Unexcused absence from a counselling session or refusal to participate in an assigned measure is considered a breach of duty and is punished with penalty days.

Mistake 5: Incomplete or False Information (Breach of Reporting Duty)

You are obliged to declare all facts relevant to your benefit claim correctly and completely. This particularly applies to the monthly "Information of the insured person" form for the unemployment insurance fund.

• Example: You conceal interim earnings from a part-time job. This not only leads to the reclaiming of overpaid benefits but also to a sanction and may result in criminal charges.

Mistake 6: Lack of Availability

As a job seeker, you must be reachable by post or phone for the RAV and be able to attend an interview or start a job on short notice. Longer absences, such as holidays, must be applied for and approved in advance as "non-controlled days".

Mistake 7: Not Being Fit for Placement

To receive benefits, you must be "fit for placement" – that is, willing, able, and entitled to accept a job. If you are unable to work, for example due to illness, you must report this immediately with a medical certificate. During this time, you are not fit for placement and will receive daily sickness benefits instead of unemployment benefits (if insured).

Back to the guide: Unemployed in Switzerland: The Complete A-Z Guide

The MatchMyCareer Assistant – Your Shield Against Mistakes

Our intelligent system, based on the "Agentic" approach, is designed to guide you through this complex phase. We help you meet deadlines, manage applications, and optimize your communication with the authorities. With our technology, you can avoid the most common mistakes and secure your benefit entitlements. Furthermore, our "Privacy Firewall" protects your personal data throughout the entire application process.