Facts
A., born in 1956, worked from July 1, 2003 to September 30, 2017 as the Sales Director Switzerland of B. GmbH, Germany. He is a shareholder of the company with a capital share of 12%. On October 10, 2017, he registered to receive benefits from the Unemployment Insurance, as he had reduced his workload due to the poor order situation. However, the Unemployment Insurance Office of the Canton of Zurich and the Social Insurance Court of the Canton of Zurich denied his claim for unemployment compensation, as A. holds an employer-like position as a shareholder.Considerations
The Federal Supreme Court confirms the decision of the lower instance. According to Art. 31 para. 3 lit. c UIA, persons who, in their capacity as shareholders, can determine or significantly influence the decisions of the employer, are not entitled to unemployment compensation. This provision is to be applied analogously to persons in an employer-like position.
The powers of the shareholders' meeting of a GmbH under Swiss law, such as the appointment and dismissal of managing directors, the approval of the annual accounts or the discharge of the management, show that a shareholder of a GmbH, regardless of the…