Legislator Case Law & Legislation
II 2024 102 • VG SZ II 2024 102 AI generated

Unemployment Benefit Calculation: Inclusion of Termination Lump Sum Compensation

Case Number II 2024 102
Court / Authority
Jurisdiction Switzerland · Canton of Schwyz (CH-SZ)
Decision Date

Legislator summary

AI generated

The appellant contested the calculation of their insured earnings by the unemployment insurance fund, arguing that a lump-sum payment received upon termination, stipulated in their employment contract as compensation for the loss of future claims for early retirement benefits tied to their employment, should not have been included in the basis for calculating their unemployment benefit. The court reasoned that since the lump-sum payment was compensation for the loss of a future benefit directly linked to the employment relationship, it constituted an element of the employee's remuneration and was therefore rightly included as part of the insured earnings for the purpose of determining the unemployment benefit, as the regulation aims to compensate for the loss of income derived from employment.

Legislator headnote

AI generated

Unemployment Benefit Calculation: Inclusion of Termination Lump Sum Compensation: The court reasoned that since the lump-sum payment was compensation for the loss of a future benefit directly linked to the employment relationship, it constituted an element of the employee's remuneration and was therefore rightly included as part of the insured earnings for the purpose of determining the unemployment benefit, as the regulation aims to compensate for the loss of income derived from employment.

Keywords

AI generated
calculation of unemployment benefits lump-sum compensation termination of benefits insured earnings employment contracts unemployment fund
AI generated

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Full text

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\n\n| | | |\n II 2024 102 |\n |\n \n\n

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\n\n| | | |\n |\n Entscheid vom 22. April 2025 |\n \n\n

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\n\n| | | |\n Besetzung |\n Dr.iur. Vital Zehnder, Vizepräsident |\n \n|\n |\n Dr.oec. Andreas Risi, Richter Dr.iur. Frank Lampert, Richter |\n \n|\n |\n MLaw Manuel Gamma, Gerichtsschreiber |\n \n\n

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\n\n| | | |\n Parteien |\n A.________, \n Beschwerdeführerin, \n vertreten durch Rechtsanwalt lic.iur. B.________, |\n \n|\n |\n gegen |\n \n|\n |\n Amt für Arbeit, Arbeitslosenkasse, Lückenstrasse 8, Postfach 1181, 6431 Schwyz, \n Vorinstanz, |\n \n\n

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\n\n| | | |\n Gegenstand |\n Arbeitslosenversicherung (Anrechenbarer Arbeitsausfall; versicherter Verdienst) |\n \n\n

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