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Manuel Geisser
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1.7
Head coach Murat and his brother and assistant Hakan Yakin are both employed at FC Schaffhausen.
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Julia Fritsche
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2.7
However, the RAV did not accept that Hakan Yakin worked as an assistant coach for a mini-wage.
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Keystone
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3.7
As is their duty, the unemployment authorities expected a realistic wage.
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fresh focus
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7.7
Assistant coach Hakan Yakin once played for the Swiss national soccer team.
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With the RAV trick, not everything is as legal as FC Schaffhausen claims. According to BLICK information, the unemployment authorities in Zurich, the residential canton of assistant coach Hakan Yakin (42), were not satisfied with his low wages at the Challenge League club.
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Hakan Yakin is registered as partially unemployed and is therefore entitled to unemployment benefit. However, since he has a so-called intermediate income in Schaffhausen, his claims are reduced. The problem with this: the association only paid him CHF 2,000 instead of the usual CHF 4,000 for his 70 percent employment.
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BLICK research shows that the Regional Employment Agency (RAV) and the unemployment fund in Zurich did not let the ex-footballer go through the mini wages. As required by the applicable regulations, the authorities expected a wage of around 4,000 Swiss francs that was customary for the location and industry. This meant that the cash register only had to make a monthly payment of around CHF 7,000 instead of more than CHF 8,000.
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Is there an abuse of rights?
Legal professor Roger Rudolph from the University of Zurich says that, as the case is described, he has doubts whether the actions of the football club and the assistant coach are permissible. If the coaching salary is actually so blatantly unusual on the market, as reported, there could be an obvious abuse of rights. That has to be checked.
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Because of Yakin’s mini wages, the suspicion arises that FC Schaffhausen tried to operate at the expense of the unemployment fund. Or else Yakin had accepted the low wages. However, he found that the RAV did not. According to the legal framework, this is not allowed.
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Protection against wage dumping
On the one hand, the interim earnings system was developed to make it easier for a job seeker to start a new job. On the other hand, it should protect the unemployed and prevent wage dumping. Or as the Zug Administrative Court put it pointedly in relation to the latter: “The purpose of the provisions on interim earnings is precisely not to let the state stand by to subsidize unusually low wages.”
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Attorney Dominic Steffen draws attention to this. The specialist for labor and social security law refers to a judgment of the federal court. This stated that unemployment insurance funds had to calculate what an appropriate wage would be. According to the Federal Court’s assessment, this is to prevent “that the parties to the employment contract agree too low a compensation at the expense of unemployment insurance,” says the lawyer at the law firm Winzeler Steffen in Zurich.
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No wages are not possible
The Federal Supreme Court had to rule on the case of an intern who received no remuneration at all for her work. When she asked for unemployment benefits in the canton of Zug, the unemployment fund did not accept that the woman was doing work but was not receiving any wages – and so all the money should have come from the unemployment fund. There, too, the health insurance company calculated local and professional wages and paid less compensation accordingly.
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So it is not possible to work for free or for a mini-wage and then use the unemployment fund at the expense of the general public.
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Walker-Späh cannot comment on the case
At FC Schaffhausen, no one was available at a glance. The Zurich government councilor Carmen Walker Späh (62, FDP), head of the responsible economic department, requests understanding that neither she nor the enforcement agencies can comment on specific cases for data protection reasons. It refers to the Office for Economy and Labor (AWA). This stipulates that everyone is treated equally.
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In addition, the AWA states that there are managers who temporarily work at significantly lower wages and who would increase their chances of finding a new job precisely by being very flexible. Interim earnings also reduce the amount of unemployment benefits, which benefits unemployment insurance.
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