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Jugement Kantonsgericht (VD - 2019/1153)


Canton:VD
Case number:2019/1153
Instance:Kantonsgericht
Department:Sozialversicherungsgericht
Kantonsgericht Entscheid 2019/1153 vom 09.03.2020 (VD)
Date:09.03.2020
Force of law:-
Summary:F.________, who had been unable to work and unemployed since September 2012, applied for Unemployment Insurance (ALV) benefits in January 2013. The ALV rejected the application because F.________ had not been in employment for at least 52 weeks in the last two years before unemployment. F.________ challenged the decision and got it right in court. Summarized in 5 sentences: F.________ was incapacitated and unemployed. He applied for benefits from the ALV, but they were rejected. The reason was that he had not been in the labour force for at least 52 weeks in the last two years. F.________ challenged the decision and got it right. The reason was that he was unemployed in the period before unemployment and therefore could not be in gainful employment. More detailed summary: F.________ has been incapacitated and unemployed since September 2012. He applied for ALV benefits in January 2013. The ALV rejected the application because F.________ had not been in employment for at least 52 weeks in the last two years before unemployment. F.________ challenged the decision and got it right in court. The court ruled that F.________ was unemployed in the period before unemployment and therefore could not be in gainful employment. This is a reason that exempts him from fulfilling the employment requirement of the ALV. The ruling is important because it makes it clear that even people who were unemployed in the period before unemployment can receive benefits from the ALV.
Rule of Law:Art. 100 BGG;Art. 16 SchKG;Art. 17 SchKG;Art. 56 SchKG;Art. 6 SchKG;Art. 60 SchKG;Art. 7 SchKG;
BGE reference::-
Comment:
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Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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