Facts
O., born in 1960, worked from April 12 to August 7, 2000 as a secretary in the internal sales department at company X. Subsequently, she was employed as a clerk at company Y until November 16, 2000. After the termination of this temporary assignment, she registered with the Unemployment Insurance Office of the Canton of Zug for job placement on November 17, 2000. The Unemployment Insurance Office set the insured earnings, including overtime compensation, at CHF 5,791.-.
In partially granting O.'s appeal, the Administrative Court of the Canton of Zug annulled the contested insurance decision and set the insured earnings at CHF 5,929.-, deducting the wage components attributable to overtime and overtime work.
By way of an administrative court appeal, O. requested that the insured earnings be set at CHF 8,008.- or that the contributions attributable to overtime and overtime compensation be refunded to her.
Considerations
The Federal Insurance Court decided that compensation for overtime is not part of the insured earnings pursuant to Art. 23 para. 1 AVIG. Unemployment insurance is intended to provide insurance coverage only for normal, typical employee activities and not to compensate for loss of earnings from the failure of overtime work.
The court clarified that not only overtime compensation, but also remuneration for work performed beyond the contractual or operational normal working…