Facts
[L.] received daily allowances from the unemployment insurance during an initial qualifying period starting from February 9, 1996. From August 15, 1996 to April 30, 1997, she was employed in an apprenticeship at Hotel D. AG. Thereafter, she again received daily allowances. By decision of March 27, 1998, the Unemployment Insurance Office of the Canton of Thurgau rejected a claim for unemployment compensation from the beginning of the second qualifying period opened on February 9, 1998, as [L.] did not fulfill the minimum contribution period of 12 months with 8.607 contribution months of insured employment.Considerations
The Federal Supreme Court states that according to Art. 13 para. 1 sentence 2 AVIG, insured persons who become unemployed again within three years after the expiry of the qualifying period for benefit receipt must fulfill a minimum contribution period of 12 months. This also applies to persons who remain unemployed after the expiry of the first qualifying period and re-register for benefit receipt.
The legislator intended to prevent the rapid return of those who have been exhausted from the system of unemployment insurance and to limit the benefits of the unemployment insurance to two years with the tightening of the minimum contribution period…