Facts
R., born in 1939, has been working part-time as a commercial employee at X AG since 1981. After her divorce in 1989, she attended further training courses and obtained a commercial diploma in March 1992. Since July 1992, she has been seeking full-time employment in the commercial sector. From April 22, 1993, she underwent stamp control and applied for unemployment compensation. The unemployment insurance fund rejected the application, as R. had not suffered any compensable loss of earnings, as she continued to be employed within the framework of 50% of a full-time position.Considerations
The Federal Insurance Court states that R. is to be considered partially unemployed, as she is employed part-time and is seeking full-time employment. For the determination of a compensable loss of employment, the focus is not on the past circumstances, but prospectively on the employment she is seeking.
However, R. does not meet the requirements of the contribution period for the desired expansion of her activity. An exemption from the fulfillment of the contribution period under Art. 14 para. 1 AVIG is not applicable, as R. continued to be employed part-time during the further training…