Facts
The case concerns the question of whether overtime compensation is considered part of the insured earnings under the Unemployment Insurance Act (AVIG). The opposing party in the appeal had a claim to overtime compensation, which the Federal Office for Industry, Commerce and Labour (BIGA) did not want to recognize as part of the insured earnings.
The Federal Insurance Court had to decide whether overtime compensation belongs to the insured earnings within the meaning of Art. 23 para. 1 AVIG. To this end, it examined the legislative materials and the purpose and intent of the provision.
Considerations
The interpretation of the law based on the legislative materials shows that the legislator intended to exclude overtime compensation from the insured earnings. This was provided for in both the old law and the new AVIG Act.
The purpose and intent of the AVIG also speak against the inclusion of overtime compensation in the insured earnings. The law is intended to provide insurance coverage only for normal, usual employee activities, not for loss of earnings due to the elimination of overtime.
…