Kernrechtsfrage
How to calculate insured earnings after an early termination agreement with compensatory payments from the former employer?
Extrahierter Entscheid
For September and October 2016, the former employer's payments must be taken into account as substitute income; from November 2016 onward, only the new salary counts. The insured earnings are therefore CHF 8,000 per month.
Extrahierte Begründung
The court treated the arrangement as an amicable early termination under Art. 10h AVIV. The compensation covered the wage gap for September and October 2016, so no attributable loss of earnings existed then. But the compensation was not to be counted in full over the whole year, because it related only to the two months in which unemployment was excluded and did not exceed the statutory maximum.