Jugement Kantonsgericht (VD - 2020/227)

Canton:	VD
Case number:	2020/227

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/227 vom 16.03.2020 (VD)

Date:	16.03.2020
Force of law:	-

Summary:	An insured person who has quit his job on time is entitled to unemployment benefits, even if he applied to another employer before the end of the notice period. The notice period in Switzerland is usually one month. Applying to another employer is a duty of the unemployed person to prove his readiness to work. The notice period is a contractual agreement that cannot be changed unilaterally by the unemployed person. The AHV revision has annulled the ruling of the lower court and awarded the insured unemployment benefit. More detailed summary: The insured, a. d.________, was employed by the company P.________ SA as a part-time magazinier. He quit his job on December 31, 2017 to start a full-time position at another company. The notice period was one month. The insured applied to another employer before the end of the notice period, but did not receive a commitment until after December 31, 2017. The Unemployment Insurance Fund therefore did not grant unemployment benefits to the insured. The insured filed a complaint with the AHV-Revision. He argued that he proved his willingness to work by applying to another employer. The notice period is a contractual agreement that cannot be unilaterally changed by the unemployed person. The AHV revision granted the insured person's appeal and overturned the lower court's ruling. The AHV audit found that the insured person had proved his willingness to work by applying to another employer. The notice period is a contractual agreement that cannot be unilaterally changed by the unemployed person. The AHV revision has thus clarified that an insured person who has quit his job on time is also entitled to unemployment benefits if he has applied to another employer before the end of the notice period.
Rule of Law:	Art. 100 LTF;Art. 43 LP;Art. 49 LP;Art. 56 LP;Art. 60 LP;
BGE reference::	-
Comment:	-

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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