Facts
L., born in 1929, had been employed as a laborer in the E. auto garage since 1982. On September 30, 1991, the company terminated this employment relationship due to lack of work, effective the end of November 1991. On December 3, 1991, L. applied for unemployment compensation at the Nidwalden Unemployment Insurance Office. In a letter dated February 24, 1992, the Cantonal Office for Industry, Commerce and Labor (KIGA) Nidwalden informed him that the form "Proof of Personal Job Search Efforts" should not be certified by the employer using a company stamp. After L. was only able to provide nine company stamps as evidence of his personal job search efforts on the control card for May 1992, the Unemployment Insurance Office decided on June 3, 1992 to suspend his entitlement for eleven days.Considerations
The Federal Insurance Court concluded that the requirement imposed on the insured person to provide evidence of job applications not by means of a company stamp, but in handwriting, violated federal law. According to the wording of the statutory provisions, it is sufficient if the content of the declaration is recorded in writing on a declaration medium and permanently recorded. It is irrelevant whether this is done by hand or by affixing a company stamp.
The court further stated that it would amount to an exaggerated formalism in cases like the present one to demand that the insured person provide a handwritten statement of his job…