Questione giuridica chiave
How should the insured earnings for unemployment benefits be calculated, in particular the 2002 bonus component?
Decisione estratta
Only the 3% profit-bonus portion previously paid in 2002 could be deducted; the cantonal court wrongly deducted the entire bonus amount. The insured earnings had to be set at CHF 8,442 per month.
Motivazione estratta
The claim before the labour court concerned only the profit-based bonus element. The earlier bonus payment of CHF 4,207 included both the 3% profit share and the 10% sales share. Since only CHF 2,530 related to the profit bonus, the prior deduction of the full CHF 4,207 was objectively incorrect. Recomputing the six-month average under Art. 37 AVIV led to CHF 8,442.