Facts
The Swiss national A., born in 1969, was employed as a driver in Switzerland from May 1 to June 30, 2013. From August 1, 2013 to September 30, 2014, he worked as a ship electrician or crew member (construction supervision) in Germany. On October 10, 2014, he registered with the Unemployment Insurance and applied for unemployment compensation. The Unia Unemployment Insurance Fund rejected the claim, as A. had not fulfilled the minimum contribution period of twelve months in Switzerland within the relevant reference period, nor could he have foreign periods credited to fulfill the contribution period.
Considerations
The Federal Supreme Court states that according to Art. 13 para. 1 AVIG, a contribution period of at least twelve months within the reference period is required for the entitlement to unemployment compensation. This provision refers to the obligation to pay contributions and therefore generally requires the exercise of an employment subject to compulsory contributions in Switzerland.
The Federal Supreme Court finds that A., when he registered with the Unemployment Insurance on October 10, 2014, could not claim a compulsory contributory employment in Switzerland of at least one year during the two preceding years.
Furthermore, the Federal Supreme Court states that according to Art. 61 para. 2 of Regulation (EC) No 883/2004 on the coordination of social security systems, consideration of…