Facts
The appellant, a film industry worker, registered with the unemployment insurance fund to receive unemployment benefits in early November 1991. During the contribution period from 21 October 1989 to 20 October 1991, he was mostly employed as a lighting technician, with the work typically involving fixed-term assignments that were often on-call. The unemployment insurance fund set the insured earnings at CHF 2,704.- per month based on Art. 37 para. 3bis UIO, while the appellant requested an increase to CHF 6,605.05.Considerations
The court examined whether Art. 37 para. 3 or para. 3bis UIO should be applied to calculate the insured earnings. It concluded that in the present case, Art. 37 para. 3bis UIO applies, as the fluctuations in wages are due to the special nature of the appellant's employment relationships. Accordingly, the insured earnings are to be calculated based on the last twelve calendar months, i.e. September 1990 to August 1991, during which the appellant earned a total income of CHF 32,432.55. This results in insured earnings of CHF 2,703.- per month.
The…