Facts
Z. worked as a professional officer in the service of the Federal Department of Defence, Civil Protection and Sports (DDPS) from July 1, 1991 to August 31, 2010, at which time he terminated his employment contract. He applied for unemployment benefits starting September 1, 2010 and indicated that, in addition to the salary owed, he had received a lump-sum payment of CHF 254,253.10 from the employer as compensation for the termination of employment before the age entitling to early retirement.
The Cantonal Unemployment Insurance Fund of the Canton of Vaud deferred the start of the entitlement to unemployment benefits until May 19, 2011, considering that the lump-sum amount received by the insured person constituted a voluntary benefit from the employer in the event of termination of the employment relationship within the meaning of Art. 11a AVIG. The cantonal court confirmed this decision.
Considerations
The Federal Tribunal ruled that the cash benefit paid by the employer under Art. 34a para. 3 let. b OPers did not constitute a voluntary benefit from the employer within the meaning of Art. 11a AVIG, but rather compensation for the early termination of the employment relationship within the meaning of Art. 11 para. 3 AVIG.
Indeed, this benefit is intended to compensate employees who leave their position before…