837.02
AVIVOACIOADI
CH
CH
Art. 39 Verordnung vom 31. August 1983 über die obligatorische Arbeitslosenversicherung und die Insolvenzentschädigung (AVIV) - Massgebender Lohn bei Anrechnung von Zeiten, die Beitragszeiten gleichgesetzt sind.
AVIV; Zweiter Titel: Leistungen; Erstes Kapitel: Arbeitslosenentschädigung
Art. 39 AVIV · Massgebender Lohn bei Anrechnung von Zeiten, die Beitragszeiten gleichgesetzt sind.
Für Zeiten, die nach Artikel 13 Absatz 2 Buchstaben b–d AVIG als Beitragszeiten angerechnet werden, ist derjenige Lohn massgebend, den der Versicherte normalerweise erzielt hätte.
Gerichtsentscheide zu dieser Bestimmung (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.