Dismissal of an inmate's appeal against the refusal of unemployment benefits

Facts

A., born in 1969, was detained at prison B. from February 8, 2013 to March 19, 2016, and then at the closed institution C. until early March 2017. On March 7, 2017, he registered as a job seeker with the Cantonal Employment Office of Geneva and requested the allocation of unemployment benefits from the previous March 2. The Geneva cantonal unemployment insurance fund opened a compensation framework period starting from March 7, 2017, but rejected the application on the grounds that the remuneration for the jobs held during his incarceration was not subject to social security contributions. A.'s appeal was dismissed by the Social Insurance Chamber of the Geneva Court of Justice, and then by the Federal Tribunal.

Considerations

The Federal Tribunal held that the activities carried out by A. in prison did not constitute an insured activity within the meaning of Art. 13 para. 1 ALEA, but fell under a reason for exemption from the contribution period requirements under Art. 14 para. 1 let. c ALEA. Indeed, persons in pre-trial detention or serving a custodial sentence are considered as persons without gainful employment under the OASI, and the inmate's…