Fulfillment of the contribution period for the entitlement to unemployment compensation

Facts

The case concerns a decision of the Cantonal Employment Office Basel-Stadt against G. and the Arbitration Commission for Unemployment Insurance of the Canton of Basel-Stadt. The question is whether, for the entitlement to unemployment compensation pursuant to Art. 13 para. 1 AVIG, it is required that the employer has actually transferred the employee contributions to the compensation fund, or whether it is sufficient that the insured person has effectively exercised an employment subject to contributions.

Considerations

The Federal Supreme Court decides that for the fulfillment of the contribution period according to Art. 13 para. 1 AVIG, it is only required that the insured person has effectively exercised an employment subject to contributions. It is not necessary that the employer has actually transferred the employee contributions to the compensation fund.

This results from the wording of Art. 13 para. 1 AVIG, which only requires the exercise of an employment subject to contributions, as well as from the statutory contribution regulations pursuant to Art. 5 para. 1 AVIG and Art. 14 para. 1…