Decision on the repeated refusal to participate in a labour market measure and the maintenance of the right to benefits in the case of the exercise of an intermediate gainful activity

Facts

The applicant G., born in 1949, registered at the beginning of October 1995 for placement and the payment of unemployment benefits. On 13 December 1996, he was suspended from his right to benefits for 32 days for not having reported to a job within the framework of an employment programme. Since March 1997, G. has been engaged in part-time employment with the company C. AG, earning an intermediate income. After he did not respond to three summons (one in February 1997 and two in July 1997) to apply for the aforementioned employment programme, the Regional Placement Office (ORP) Obwald and Nidwald withdrew his right to unemployment insurance benefits as of 5 August 1997.

Considerations

The Federal Tribunal considers that the withdrawal of the right to benefits is contrary to federal law. Indeed, the exercise of an intermediate gainful activity takes precedence over a temporary employment measure. Although G. did not respond to the summons for the employment programme,…