Questão jurídica principal
Whether the unemployment fund could base compensatory payments on a berufs- und ortsüblicher hourly wage instead of the actual earnings from the intermediate job.
Decisão extraída
Yes. Because the actual wage was clearly below the customary minimum for such work, the fund properly applied a usual hourly wage as the basis for compensation.
Fundamentação extraída
The purpose of compensating lost earnings is to incentivize acceptance of poorly paid work, but not to enable wage dumping. Where the agreed remuneration is not customary and does not reflect the work performed, the insurance need not cover the consequences of the unusually low salary.