Facts
W., born in 1939, received daily unemployment insurance benefits from February 1, 1995 based on insured earnings of CHF 1,680. From October 1, 1995 to March 31, 1996, she worked part-time as a temporary sales assistant at company V. AG. The wages earned from this activity were deducted from her daily benefit entitlement as interim earnings. In the months of October to December 1996, she assisted her husband with the liquidation of his business, for which she was paid CHF 2,400 per month based on an employment contract corresponding to a workload of 80% (35 out of 44 hours per week).
On February 1, 1997, one day after the expiration of the two-year benefit period, W. registered again with the municipal employment office for job placement and started reporting to the stamp control office from that time on. In July 1997, she submitted a claim for compensation to the Unemployment Insurance Fund of Graubünden, in which she answered the question on the application form about the extent to which she was willing and able to work as "part-time, maximum 9-25 hours per week". Subsequently, the fund retroactively paid her daily benefits from February 21, 1997. The compensation was based on insured earnings of CHF 1,592.
Considerations
The Federal Court states that the insured earnings as a factor for determining the entitlement to unemployment compensation for the second benefit period opened by the Unemployment Insurance Fund on February 21, 1997 is disputed.
According to the case law of the Federal Court, the last contribution month before the start of the benefit period is generally decisive for determining the insured earnings. If the wage in the last contribution month deviates by at least 10 percent from the average wage of the last six months, the insured earnings are calculated based on this average wage.
The Federal Court notes that the Unemployment Insurance Fund calculated the insured earnings of CHF 1,592 for the new (second) benefit period opened on…