837.02
AVIVOACIOADI
CH
CH
Art. 39 Ordinanza del 31 agosto 1983 sull'assicurazione obbligatoria contro la disoccupazione e l'indennità per insolvenza (OADI) - Salario determinante in caso di computo di periodi assimilati a periodi di contribuzione
OADI; Titolo 2: Prestazioni; Capitolo 1: Indennità di disoccupazione
Art. 39 OADI · Salario determinante in caso di computo di periodi assimilati a periodi di contribuzione
Per periodi che, secondo l’articolo 13 capoverso 2 lettere b-d LADI, sono computati come periodi di contribuzione, è determinante il salario che l’assicurato avrebbe normalmente ottenuto.
Decisioni giudiziarie che applicano questa disposizione (14)
II 2024 108 · sz (Art. 39 AVIV)
Unemployment Benefits Recalculation Based on Bonus Payment Accrual
Cited in the reasoning (E. 2.5) regarding how intervening earnings should be handled, but not in the final orders.
715.2022.146.11 · bl (Art. 39 Abs. 3 AVIV)
Employer's Claim for Short-Time Work Compensation Dismissed Due to Late Filing and Unsubstantiated Pandemic Link
States that compensation not claimed within the deadline will not be reimbursed.
VBE.2021.551 · ag (Art. 39 AVIV)
Unemployment Benefits: Insured Earnings Calculation Dispute
This provision relates to the determination of insured earnings for periods credited as contribution periods under specific conditions, including illness.
AL.2020.00262 · zh (Art. 39 AVIV)
Unemployment Benefits Calculation Based on Sickness Benefits Period
Determines the insured earnings based on the wage the insured person would normally have earned.
AL.2020.00307 · zh (Art. 39 AVIV)
Spousal Employment Disqualifies From Unemployment Benefits Due to Undetermined Earnings
Used to determine the insured earnings based on the wage the insured person would normally have earned for periods recognized as contribution periods.
ACH.117.19.11.2020 · vd (Art. 39 OACI)
Unemployment Allowance Calculation for Former Civil Servant
This provision was applied to determine the relevant salary for the assimilated period (civil service) when calculating the gain insured confirmed in the final order.
38.2017.47 · ti (art. 39 OADI)
Claimant Denied Unemployment Benefits Due to Insufficient Contributions and Unverifiable Cash Wages
Cited regarding the determination of salary for periods counted as contribution periods.
AL.2015.00253 · zh (Art. 39 AVIV)
Appeal Regarding Denial of Unemployment Benefits and Insured Earnings Calculation
Cited in the reasoning section concerning the relevant earnings for periods credited as contribution periods under Art. 13 para. 2 lit. b-d AVIG, relevant for determining the insured earnings.
AVI.2015.6 · sg (Art. 39 AVIV)
Unemployment Benefits Calculation Based on Pre-Incapacity Earnings
Cited in the reasoning to support the principle that the income normally earned should be used when the claimant was incapacitated during the assessment period.
A/998/2009 · ge (art. 39 OACI)
Accident Insurance Daily Benefit Calculation Based on Pre-Accident Earning Capacity
This provision was used to determine the insured earnings based on the salary the claimant would normally have earned before his incapacity.
A/777/2006 · ge (art. 39 OACI)
Unemployment Insurance Earnings Calculation Appeal: Sustained Work Hour Increase and Monthly Bonus Inclusion
This article was used in conjunction with art. 13 al. 2 let. c LACI to determine the salary during the period of incapacity for work.
AL.2006.00120 · zh (Art. 39 AVIV)
Unemployment Benefits Insured Earnings Calculation Appeal
This provision was discussed as inapplicable because the court determined that direct employment earnings, not deemed contribution periods, were the basis for calculating insured earnings.
PS.2006.0010 · vd (art. 39 OACI)
Unemployment Insurance Earnings Calculation Based on Reduced Earning Capacity Following Work Accident
Cited, in conjunction with Art. 13 al. 2 let. C LACI, to determine the salary to be considered when the insured was not receiving salary due to sickness or accident during the reference period.
38.2005.39 · ti (Art. 39 OADI)
Sickness Indemnities After Termination Not Insured Earnings for Unemployment Benefits
This provision was mentioned as a basis for not considering the salary that the insured would normally have obtained during the period in question.