Facts
Donato W. had been in a contractual relationship with temporary employment agencies since October 28, 1985 and was deployed as an assistant roofer at the D. AG company. Since he could not be employed for 12 working days due to bad weather, he claimed unemployment compensation from February 11, 1986. The unemployment insurance fund denied the claim, as Donato W. was in an uninterrupted temporary employment relationship and the assignment at the D. AG company had only been temporarily suspended.
The Appeals Commission for Unemployment Insurance of the Canton of Zurich affirmed the entitlement to unemployment compensation for six days, but refused compensation for the remaining days of absence. The Federal Office for Industry, Commerce and Labour (BIGA) filed an administrative court appeal against this decision.
Considerations
The Federal Insurance Court ruled that employees in a temporary employment relationship are not excluded from entitlement within the system of unemployment compensation under Art. 8 et seq. AVIG. The entitlement to unemployment compensation requires a creditable loss of work within the meaning of Art. 11 AVIG, whereby a loss of work for which the unemployed person is entitled…