Suspension of the right to unemployment benefits in case of non-compliance with the deadline for submitting proof of job search

Facts

Mr. registered as unemployed on 15 January 2010. By decision of 16 June 2011, confirmed on opposition on 9 September 2011, the Cantonal Employment Office (OCE) sanctioned Mr. for "null" job search during the month of May 2011 and imposed a suspension of the right to benefits for five days. Mr. appealed this decision to the Court of Justice of the Canton of Geneva, which partially upheld the appeal by reducing the suspension to one day. The OCE then filed a public law appeal against this judgment.

Considerations

The Federal Court ruled that the new version of Art. 26(2) UIO, which no longer provides for the granting of an additional deadline for the submission of proof of job search, is not contrary to the law. Indeed, the suspension of the right to benefits is exclusively subject to the specific provisions of unemployment insurance, in particular Art. 30 UIA, and not to Art. 43(3) GSSLA.

Thus, unless there is a valid excuse, a suspension of the right to…