Facts

M., a screenwriter and director or film producer in the film industry, worked temporarily for company Y AG, a film production company, from 1 October 1992 to 15 April 1993. After undergoing various medical treatments between September 1993 and October 1994, he registered with the employment service on 9 November 1994 and applied for unemployment benefits from 14 November 1994 with the unemployment insurance fund of the Federation of Construction and Industry Trade Unions (GBI). The unemployment insurance fund rejected his claim on 14 December 1994 on the grounds that he did not meet the minimum contribution period of six months. The Social Insurance Court of the Canton of Zurich annulled this decision and referred the case back to the unemployment insurance fund to examine the other legal conditions. During this examination, it appeared that M. had only fulfilled the control obligation from 8 to 30 November 1994. The unemployment insurance fund therefore rejected his claim for benefits from 1 December 1994.

Considerations

The Federal Social Insurance Court considers that the appellant cannot invoke the protection of good faith in public law to be exempted from compliance with the control obligations. The case law has indeed adopted a very restrictive approach in this matter, requiring in particular that the administration has provided erroneous…