Facts
J., a commercial employee, commenced his studies in Economics at the University of Bern in October 1991. In June 1992, he registered with the employment office and applied for unemployment benefits as of June 22, 1992. However, the Cantonal Office for Industry, Commerce and Labor (KIGA) in Bern denied J.'s employability as of June 24, 1992 and rejected his claim for unemployment benefits.
J. filed a complaint against this decision. The Administrative Court of the Canton of Bern affirmed J.'s employability as of June 24, 1992 and overturned the KIGA's decision. The KIGA then filed an administrative court appeal with the Federal Insurance Court.
Considerations
The Federal Insurance Court states that the employability of a student depends on whether they are willing and able to pursue full-time or part-time employment alongside their studies. A student who only wishes to work for shorter periods or sporadically, particularly during semester breaks, does not meet the requirements for employability.
This jurisprudence has been established under the previous law and is also confirmed by the Federal Insurance Court under the new law.…