Self-Inflicted Unemployment - Reasonableness of Remaining in the Workplace

Facts

The Federal Court had to decide whether a suspension of entitlement to unemployment benefits due to self-inflicted unemployment pursuant to Art. 30 para. 1 lit. a AVIG and Art. 44 lit. b AVIV was justified.

The insured person had terminated his employment relationship on his own initiative, without having another position assured. He claimed health problems that would have made it unreasonable for him to remain in his workplace.

The Federal Court examined whether the requirements of Art. 44 lit. b AVIV were met. It had to be taken into account that Art. 20 lit. c of the International Labour Organization (ILO) Convention No. 168 on Employment Promotion and Protection against Unemployment is directly applicable. This provision sanctions the voluntary abandonment of a position without just cause.

Considerations

The Federal Court concluded that Art. 44 lit. b AVIV is compatible with Art. 20 lit. c of the ILO Convention. Both provisions are based on the termination of the employment relationship by the employee and require that it was unreasonable for the insured person to remain in the workplace.

In the present case, the insured person was…