Reduction in Entitlement due to Lack of Job Search Efforts before Expiry of a Fixed-Term Temporary Employment

Facts

A., born in 1967, was employed by B. AG from October 1, 2012. This work was arranged for him by C. AG. C. AG terminated the employment relationship verbally on March 5, 2013, effective March 12, 2013. On March 5, 2013, A. registered with the Unemployment Insurance and claimed unemployment benefits from March 13, 2013. By decision of April 22, 2013, the Regional Employment Center (RAV) Obwalden Nidwalden suspended A.'s entitlement to benefits for twelve days due to insufficient personal job search efforts prior to unemployment.

The Administrative Court of the Canton of Nidwalden reduced the duration of the suspension in entitlement to four days. The State Secretariat for Economic Affairs (SECO) then filed an appeal in public law matters and requested that the appeal decision of the RAV of May 22, 2013 be confirmed.

Considerations

The Federal Court concluded that in the case of a lack of job search efforts before the expiry of a fixed-term temporary employment of three months, the suspension of entitlement should be measured analogously to the suspension grid of the SECO for employment relationships with a three-month notice period, which is between twelve and eighteen days of suspension. The cantonal court had wrongly reduced the suspension to four days.

The Federal Court justified this by stating that in the case of fixed-term…