Facts
Parties: Appellant [A.] against the unemployment insurance fund of the canton of SocRA.
Facts: [A.] completed an unpaid legal internship at the international court [C.] in [D.] (NL) from April 4 to September 16, 2016. She applied for unemployment benefits starting June 2, 2016. The unemployment insurance fund credited a hypothetical interim income, resulting in no unemployment benefits being paid. After further activities, [A.] applied for unemployment benefits again, and the unemployment insurance fund rejected a claim beyond June 22, 2019. The administrative court of the canton of SocRA dismissed the appeal.
Issue: Whether the unpaid internship abroad qualifies as a contribution period under the UIA and thus extends the entitlement period for unemployment benefits.
Considerations
The lower court denied a daily allowance claim beyond June 21, 2019, as the contribution period of 15 months was insufficient to establish a claim for 400 daily allowances. The lower court found that the internship did not constitute an insurance period under Art. 61 Abs. 1 Regulation No. 883/2004 and thus was not to be considered as a contribution period. The appellant alleged a violation of Art. 61 Abs. 1 Regulation No. 883/2004 and criticized that the lower court had insufficiently clarified the facts.
The Federal Supreme Court examines whether the lower court violated federal or international law by not crediting Dutch insurance or employment periods. It finds that the lower court correctly held that an unpaid internship in Switzerland does not qualify as an insurance period. However, it overlooked that under Dutch law,…