Decision on the reduction of unemployment insurance benefits in case of insufficient job search

Facts

The Unemployment Insurance Fund of the Canton of Zurich suspended the benefits of H., born in 1942, for three days due to insufficient job search efforts. The Social Insurance Court of the Canton of Zurich upheld H.'s appeal. The Unemployment Insurance Fund then appealed to the Federal Social Insurance Court, which ex officio examined the compatibility of Art. 30(1)(c) UIA with ILO Convention No. 168 concerning the Promotion of Employment and Protection against Unemployment.

Considerations

The Federal Social Insurance Court held that Art. 30(1)(c) UIA, which provides for the suspension of benefits in case of insufficient job search efforts, is in conformity with ILO Convention No. 168. This convention does not prohibit states from providing for sanctions in case of failure to actively seek employment. On the contrary, it expressly accepts that benefits may be refused, withdrawn, suspended or reduced in certain cases, in particular when the insured person has, without valid reason, failed to use the services available to him for finding employment.

Furthermore, the Federal Social Insurance Court…