Facts
The case concerns Edgar Walker, who was in a contractual relationship with the temporary employment agency Batec emplois from the beginning of 1980 until March 6, 1981. From December 1, 1980, the employment was based on a document referred to as an "employment contract". After the company Sch. AG could no longer assign work to Edgar Walker from December 24, 1980, and a new assignment at another company was not found until January 21, 1981, the temporary employment agency certified on February 2, 1981 a loss of work of 12 full days (106 hours) from January 5 to 20, 1981. On March 10, 1981, the Unemployment Insurance Office of the Canton of Zurich rejected Edgar Walker's request for daily allowances from January 5, 1981, as the insured person was employed by a temporary employment organization.
The Appeals Commission for Unemployment Insurance of the Canton of Zurich dismissed the appeal filed by Edgar Walker against this on June 26, 1981. Edgar Walker then filed an administrative court appeal and requested that the loss of work of 106 hours be compensated by overturning the previous instance's decision.
Considerations
The Federal Insurance Court states that in the present case of an atypical temporary employment relationship, in which the appellant is in a fixed employment relationship with the temporary employment agency, the requirements for an entitlement to compensation for partial unemployment are not met.
Although the insured person is generally entitled to unemployment compensation under Art. 24 para. 2 lit. c and Art. 28 para. 1 AVIG if he suffers a compensable loss of earnings, the loss of earnings is not compensable if the insured person has claims against the employer.…