Facts
Josip [S.] was employed as a fitter and machine supervisor in shift operations at the company C. AG since July 15, 1985. After his dismissal on October 31, 1987, he applied to the Public Unemployment Insurance Office of Solothurn to have his unemployment compensation calculated taking into account the shift allowances due to him. However, the unemployment insurance office only included the basic salary and a portion of the gratuity in the insured earnings, as it classified the shift allowances as inconvenience compensation and not as a regular wage component.
Josip [S.] filed a complaint against this decision with the Insurance Court of the Canton of Solothurn, which dismissed the complaint. Thereupon, Josip [S.] filed an administrative court appeal with the Federal Insurance Court.
Considerations
The Federal Insurance Court states that according to Art. 23 para. 1 AVIG, the insured earnings include the wages relevant for contribution assessment, including the contractually agreed regular allowances, insofar as they are not compensation for work-related inconveniences.
The court finds that shift allowances generally have the character of inconvenience compensation, as shift work is associated with typical hardships that disappear with the cessation of shift work. However, the decisive factor is whether the shift allowances are also paid during vacations or not. If they are not paid during vacations, they are considered inconvenience compensation, which is excluded from the insured earnings.
In the present case, it could not be proven that the appellant was contractually entitled to the continued payment of shift allowances during vacations. Therefore, the…