Facts
The claimant, born in 1967, worked from January 1, 1993 to August 11, 1995 for company C., with an hourly wage of 30 francs, including the holiday allowance and the share of the 13th salary. After her dismissal, she requested the payment of unemployment benefits as of October 23, 1995. The public unemployment insurance fund of Basel-Landschaft set the insured earnings at 3'768 francs, deducting 8.33% for the holiday allowance. The claimant contested this decision, requesting that the holiday allowance be included in the calculation of her insured earnings and that her placement capacity at 100% be recognized. The Insurance Court of the Canton of Basel-Landschaft dismissed her appeal. The claimant then appealed to the Federal Social Insurance Court.Considerations
The Federal Social Insurance Court considers that, in accordance with the case law, only the actual salary received should be taken into account for the calculation of the insured earnings, without the possibility of an increase based on the placement capacity. The administration and the cantonal court were therefore right to base themselves on the average of the last six months' salary.
Regarding the holiday allowance, the Federal Social Insurance Court notes that its inclusion in the insured earnings, in accordance with its previous case law, can lead to a privileged situation for insured persons who have received a holiday allowance instead of actually taking their leave. This…