(art. 8, para. 2, LACE)

¹ For the purposes of this order, persons who work at home on the basis of a home employment contract under s. Bond code 351 ¹ .

² The special requirements concerning homeworkers are applied where the insured person has obtained his last gain by way of home work before the start of the framework period applicable to the period of compensation.

(art. 9 A , para. 1 and 2, LACI)

¹ The framework periods for periods of assessment and compensation are not extended when the activity was subject to an assessment under s. 13 LACE.

² The insured person who received unemployment insurance benefits during the period of his or her independent activity cannot benefit from the extension of the compensation framework.

³ The extended time frame under s. 9 A , para. 1, LACI is replaced by a new framework for compensation as soon as the insured person who has exhausted his right to compensation meets the conditions for opening this framework.

(art. 9 B LACI)

¹ The time-limits for compensation and contributions are extended after an educational period if the child of the insured is not 10 years old at the time the insured person reregisters (art. 9 B , para. 1, let. A and b, LACI) or is an unemployed person (s. 9 B , para. 2, LACE).

² The insured person cannot claim more than once for the same child the right to an extension of time-limits for compensation and assessment in the case of an educational period.

³ The insured periods which have been taken into account for the opening of a framework for compensation cannot be taken into account for a second time after an educational period.

⁴ The four-year time frame for the period of assessment under s. 9 B , para. 2, LACI, is extended for each new delivery of the time between the two deliveries, but not more than two years

⁵ The extended time frame under s. 9 B , para. 1, LACI is replaced by a new framework for compensation as soon as the insured person who has exhausted his right to compensation meets the conditions for opening this framework.

⁶ The s. 1 to 5 shall apply mutatis mutandis where the child is placed for adoption by art. Civil code 264 ² Or when the educational period is devoted to the child of the spouse.

(art. 11, para. 1, LACI)

¹ The fifth part of the weekly working time that the insured person normally completed during his last working report is deemed to be a full day of work.

² If the insured person was ultimately employed full time every day during which the insured person is fully unemployed is deemed to be a full day of lost work. ¹

(art. 11, para. 1, LACI)

The loss of work of partially unemployed insured persons (art. 10, para. 2, let. B, LACI) is taken into consideration when she is at least two full days of work within two weeks.

(art. 14, para. 1, and 18, para. 2 and 3, LACI) ²

¹ The insured person released from the conditions relating to the period of assessment for one of the reasons set out in s. 14, para. 1, let. A, LACI, if any, with one of the reasons defined in the let. B and c of the same article shall observe a waiting period of 120 days. ³

^1bis Insured persons referred to in para. 1 who, having completed the compulsory school, shall make available to the employment service, may, during the waiting period provided for in para. 1, participate in a semester of interest referred to in s. 64 A , para. 1, let. C, LACI. ⁴

^1ter Insured persons referred to in para. 1 may participate in a work placement referred to in s. 64 A , para. 1, let. B, LACI during the waiting period when the average unemployment rate in the last six months exceeds 3.3 % in Switzerland. ⁵

² Other insured persons who are released from the terms and conditions of the contribution period must observe a five-day waiting period.

³ ... ⁶

⁴ At the end of an activity of a seasonal nature (art. 7) or a profession in which employer changes are frequent or service reports of limited duration (s. 8), the waiting period is one day. This time limit should only be observed once during a period of control.

⁵ The waiting period referred to in para. 4 becomes null:

A.

Two months after the completion of the work report on which it is based;

B.

When the work report lasted at least one year without interruption;

C.

When a working report under para. 4 has ceased before term for economic reasons; or

D.

Where the insured person does not justify more than five days of work by period of control.

⁶ The special waiting period must be observed in addition to the general waiting period referred to in s. 18, para. 1, LACI. Only the days for which the insured meets the conditions giving entitlement to the allowance are deemed to be waiting times.

(art. 18, para. 1 and 1 ^Bis , LACI)

¹ The general waiting period should be observed only once during the compensation framework. The waiting period can only be counted on the days for which the insured person qualifies for the right to compensation (art. 8, para. 1, LACI).

² The general waiting period does not apply to insured persons whose insured gain does not exceed 36 000 francs per year.

³ It does not apply to insured persons whose insured gain is between 36 001 and 60 000 francs per year and who have an obligation to care for children under the age of 25.

(art. 18, para. 3, LACE) ¹

An activity is deemed to be seasonal when:

A.

The insured person has been expressly hired on the basis of a working report limited to one season or

B.

The work report is equivalent to a seasonal commitment by its nature and duration.

(art. 18, para. 3, LACE) ¹

¹ In particular, the following occupations are considered to be occupations in which changes in place or limited duration are common:

A.

Musician;

B.

Actor;

C.

Artist;

D.

Artistic collaborator of radio, television or film;

E.

Film technician;

F.

Journalist.

² ... ²

(art. 11, para. 4, LACI)

¹ If the insured person has received vacation pay representing 20 per cent or more of the salary subject to AVS, the corresponding days shall be deducted from the loss of work to be taken into account, to the extent that:

A.

Vacation periods are fixed in the profession, and

B.

The loss of work takes place during one of these vacation periods.

² Only vacation days to which the insured has been entitled since the last vacation period are deducted and have not yet been taken.

(art, 11, para. 4, LACI)

¹ If the insured has lodged an appeal against a suspension of the payment of his salary, linked to a procedure to terminate a service report based on public law, the loss of work suffered by the insured shall be taken provisionally in Consideration until the end of the main proceedings. The credit union shall pay the compensation when the insured person meets all the conditions under which the right to compensation depends, and is eligible for placement in particular.

² By its payment, the credit union shall, up to the amount of the compensation, replace it with the insured in respect of its rights to the salary and damages, rights to be established by the procedure under way or recognised by the employer; The credit union is required to enforce its rights to the employer without delay.

³ If the appeal procedure reveals that, by his conduct and in particular by the breach of the duties imposed on him by virtue of his contract of employment, the insured person gave his employer the reasons justifying the cessation of the service report, the credit union Suspend him or her in the exercise of his or her right and shall require him to repay the daily allowances received in excess.

(art. 11 A LACI)

The employer's voluntary benefits are the benefits granted in the event of termination of employment reports governed by private law or by public law which do not constitute claims for wages or allowances according to Art. 11, para. 3, LACE.

(art. 11 A , para. 3, LACE)

The amounts allocated to occupational foresight are deducted from the voluntary benefits to be taken into account according to Art. 11 A , para. 2, LACI up to the maximum amount set out in s. 8, para. 1, of the Federal Act of 25 June 1982 on occupational pensions, survivors and invalidity ² .

(art. 11 A LACI)

¹ The period during which the loss of work is not taken into account shall start on the first day following the end of the working reports for which the voluntary benefits have been paid, regardless of when the insured person Is unemployed.

² In order to determine the duration of this period, the amount of the voluntary benefits taken into account by the remuneration received in the course of the activity giving rise to the payment, whether or not the insured has engaged in a gainful occupation, is to be determined. This period.

(art. 11 A And 13 LACI)

¹ Where monthly voluntary benefits have been agreed for a specified period, the maximum amount of the insured annual gain referred to in s. 3, para. 2, LACI is deducted from the sum of these monthly benefits' and the result is divided by the agreed number of months. The resulting amount is deducted from the unemployment benefit.

² If no period has been set, the calculation referred to in para. 1 is carried out on the basis of the number of months preceding the ordinary age of the AVS.

(art. 11, para. 1 LACE)

The period of compensation for the insured person who has received voluntary benefits from the employer shall start to run on the first day on which the loss of work is taken into consideration and all the conditions to be fulfilled in order to qualify for the Unemployment is in place (art. 9, para. 2, LACE).

(art. 11 A , para. 2, and 13 LACI)

Periods during which the loss of work is not taken into account due to the payment by the employer of voluntary benefits are treated as contributory periods. Voluntary benefits not taken into account are not included in the calculation of the contribution period.

(art. 11 A , para. 2, and 23, para. 1, LACI)

Voluntary benefits taken into account are included in the calculation of the gain insured under s. 37. Where, during the period referred to in s. 10 C , the insured person has been gainfully employed, the calculation of the insured gain is based, to the extent that he is in favour of the insured, on the perceived salary.

(art. 11, para. 3, and 11 A LACI)

¹ If there is an early termination of the working reports by mutual agreement, the loss of work, during the period corresponding to the period of leave, or until the term provided for in the contract in the case of fixed-term contracts, is not taken in As long as the employer's benefits cover the loss of income during that period.

² Where the employer's benefits exceed the amount of wages owed to the insured until the ordinary term of the work reports, the provisions concerning the employer's voluntary benefits under s. 11 A LACI is applicable.

(art. 13, para. 1, LACI)

¹ Account as a contribution month, each calendar month, during which the insured person is required to contribute.

² Contribution periods that do not reach a full calendar month are added together. 30 days are deemed to be a month of assessment.

³ Periods assimilated to periods of assessment (art. 13, para. 2, LACI) and those for which the insured has received vacation pay are also counted.

⁴ The contribution period for employed persons on a part-time basis is calculated according to the rules applicable to full-time workers. When the insured person simultaneously carries out several part-time activities, the contribution period shall be counted only once.

⁵ ... ¹

(art. 13, para. 3, LACE)

¹ For those insured who were retired prior to reaching the age of entitlement to AVS benefits, only the period of contribution that they made after they were retired was taken into account, as a period of contribution.

² L' al. 1 is not applicable when the insured person:

A.

Has been placed on early retirement for economic reasons or on the basis of mandatory regulations falling within the framework of occupational foresight and

B. ¹

Is entitled to retirement benefits less than the unemployment benefit to which he is entitled under s. 22 YAW. ²

³ Old-age benefits are considered to be compulsory and compulsory occupational pension benefits, as well as the old-age pension benefits of compulsory or optional foreign old-age insurance. In respect of an ordinary old-age pension or a pre-retirement benefit. ³

In occupations where frequent employer changes or contracts of limited duration are common (art. 8), the period of assessment determined by s. 13, para. 1, LACI is multiplied by two for the first 60 days of the term contract.

(art. 14, para. 2, LACE) ¹

¹ Are counted in maternity as defined in s. 14, para. 1, let. B, of the LACI, the duration of the pregnancy and the sixteen weeks following the birth. ²

^1bis In particular, a similar reason within the meaning of s. 14, para. 2, LACI, the fact that a person is forced to take up an employee activity or to extend it because it no longer takes care of another person:

A.

When the assisted person needed permanent assistance,

B.

When she shared with the insured, and

C.

When this assistance lasted more than one year. ³

² Established aliens who are returning to Switzerland after a stay of more than one year abroad are, after their return, released during one year conditions relating to the period of assessment, to the extent that they can prove that they exercised In foreign countries an employee activity corresponding to the period of assessment provided for in Art. 13, para. 1, LACI. ⁴

(art. 15, para. 1, LACI)

¹ ... ²

² Insured persons who were employed as homeworkers prior to becoming unemployed are deemed fit for placement only if they are willing to accept work outside their home, unless they prove that they are not able to To do so because of their personal circumstances.

³ Insured persons who were temporarily employed prior to unemployment are deemed to be employable only if they are willing and able to accept sustainable employment.

(art. 32, para. 2 LPGA, s. 15, para. 2, and 96 B LACI) ²

¹ In order to determine the suitability for the placement of disabled persons, the cantonal authorities and the caisses cooperate with the competent disability insurance bodies. The Federal Department of Economics, Training and Research (DEFR) ³ Rules in accordance with the Federal Department of the Interior. ⁴

² L' al. 1 shall also apply where the institutions of compulsory accident insurance, sickness insurance, military insurance or occupational insurance are involved in the examination of the right to compensation or in the placement of Disabled.

³ Where, in the case of a balanced labour market situation, a disabled person is not manifestly unfit for placement and has declared himself/her to be disabled or otherwise insured according to para. 2, he is deemed fit for placement up to the decision of the other insurance. Such recognition shall have no bearing on the assessment, by the other assurances, of his ability to work or to engage in a gainful occupation.

(art. 16, para. 2, let. I, LACI)

There is an exception within the meaning of s. 16, para. 2, let. I, LACI in particular where the insured gain comes from an activity:

A.

For which the insured does not have either the required level of training or the required experience;

B.

Whose remuneration is substantially higher than the usual wage for that activity;

C.

Which was highly remunerated, if there is reason to admit that the insured person will no longer be able to carry on comparable activity with an equivalent income.

(art 17, para. 2, LACE)

¹ The place where the insured person resides within the meaning of the art is deemed to be the home of the insured person. 23 and 25 of the Swiss Civil Code ² .

² The advice and control meetings shall be conducted by the competent office.

³ Trusteeship insured persons who are not ordinarily present at the place where the supervisory authority has its seat may have their advice and control with the competent office of their place of residence if the guardian has given his authorisation Written.

⁴ Persons who return to their homes only at the end of the week have their advice and control with the competent office of their place of residence or the place where they stay during the week.

⁵ Persons under guardianship and those who return to their homes only at the end of the week must always have their advice and control with the same competent office, except in the case of a change of place of residence or place of stay.

(art. 17, para. 2, LACE)

¹ The insured person must present himself to the municipality of his domicile (art. 18) or to the competent Office under the cantonal law.

² He chose the unemployment fund. The municipality and the competent office shall direct the insured to the competent enforcement bodies in the field of information and advice within the meaning of s. 27 LPGA.

³ The municipality or the competent office shall give confirmation to the insured person of the date on which it has presented itself and the credit union it has chosen. The canton is responsible for the seizure of the control data. Such data must be entered within seven days from the date on which it presented itself to the municipality or the competent office. The cantonal authority may extend this period up to a maximum of 15 days, in particular in the case of collective redundancies.

(art. 27 LPGA)

¹ The implementing bodies referred to in Art. 76, para. 1, let. A to d, LACI provides policyholders with information on their rights and obligations, including the registration procedure and their obligation to prevent and abridge unemployment.

² The caisses inform the policyholders of their rights and obligations in the field of activity of the caisses (art. 81).

³ The cantonal authorities and regional investment offices (RFOs) provide information on their rights and obligations in specific areas of activity (art. 85 and 85 B LACI).

(art. 29 LPGA, and 17, para. 2, LACE) ²

¹ When registered with the competent Office, the insured person must present:

A. ³

The form "registration with the municipality", to the extent that it has appeared in the municipality;

B. ⁴

Proof of residence issued by the municipality or, when it is foreign, its foreign permit;

C. ⁵

AVS/AI; certificate of insurance;

D. ⁶

The letter of termination, the work certificates of the last employers, the certificates of training or development, and the evidence of its efforts to find work.

² The competent Office shall examine the validity of the indications appearing on the AVS/AI; certificate of insurance; at its request, the cantonal compensation fund shall establish a valid certificate of insurance.

³ The competent office shall introduce the registration data into the investment and labour market information system (PLASTA) and provide the insured person with the copy for the credit union.

⁴ ... ⁷

The person who temporarily stays in Switzerland to search for work under s. 64 of the Regulation (EC) n ^O 883/2004 ² Shall notify the competent office of the canton in which it is staying. It cannot change it later.

(art. 17, para. 2, LACE)

¹ After registering, the insured person must present itself to the competent office, in accordance with the requirements of the canton, for a meeting of advice and control. It must ensure that it can be reached by the competent office as a general rule within the period of one day.

² The competent office shall fix the dates of the meetings of the Council and of the supervision individually for each insured person.

³ It shall, for each insured person, enter the list of days in which a consulting and control meeting has taken place and shall draw up the minutes of the results of each interview.

⁴ No advice and control is held from December 24 to January 2.

(art. 17, para. 2, LACE)

¹ The first interview and control shall be held no later than 15 days after the insured person has presented to the municipality or the competent office for the placement. ²

² The competent office shall conduct an interview and control with each insured at relevant intervals but at least every two months. During this interview, he controls the suitability and availability of the insured person. ³

³ The competent office shall convene at least two months at least the insured persons who are engaged in a full-time activity giving them an intermediate gain or a voluntary activity under Art. 15, para. 4, LACI.

⁴ It is appropriate with the assurance of the way in which it can be reached as a general rule within one day.

(art. 17, para. 2, LACE)

¹ Control data are entered using the "Indications of the insured person" form. ²

² The recorded data provides information about:

A.

The working days for which the insured person is likely to be unemployed and fit for placement;

B.

Any element relevant to the determination of the right of the insured person to compensation: sickness, military service, absence due to vacation, participation in a measure relating to the labour market, intermediate gain and the extent of the ability to Placement, etc.

³ In the first meeting of advice and control at the latest, the competent office shall complete the form "Indications from the insured person". It includes the name of the credit union designated by the insured person (s. 19, para. 3). ³

⁴ The competent office shall ensure that the insured person has at the end of the month the form "Indications of the insured person". ⁴

⁵ ... ⁵

(art. 15, para. 1, and 17, para. 2, LACE)

¹ If the competent Office considers that the insured person is not fit for placement or is only partially qualified, he shall inform the credit union accordingly.

² The competent office shall make a decision on the scope of the placement. ²

³ He shall submit twice his decision to the credit union and to the other Office concerned.

(art. 15, para. 1, and 17, para. 2, LACE)

The competent Office shall decide at the request of the insured:

A.

Provide the latter, for a period of up to one week, of the obligation to be fit for placement in order for him to take part in an election or voting of national significance abroad, or to authorize him to move the date of his or her meeting of counsel and Control if the control falls within three days before or after polling day;

B.

To provide the severely disabled insured person with the obligation to report to the competent office, where the circumstances so require and the advice and control are provided in a different manner;

C.

Provide the insured person, for up to three weeks, from the obligation to attend board and control meetings if he or she is to go abroad for a job interview, if he does a trial, or if he/she submits to a test Occupational fitness in the workplace;

D.

Allow the insured person to move the date of his/her advice and control interview if he or she provides evidence that he or she cannot be released on the date agreed upon due to a binding event, in particular because he or she must travel to Employer;

E.

Provide the insured, for up to three days, of the obligation to be fit for placement when he is directly affected by a particular family event, in particular in the case of marriage, birth or death, or to treat a sick child or a sick child. Parent. If the date of this event coincides with the agreed date for the maintenance of advice and control, a new date is set.

(art. 40 and 43 LPGA, 17, al. 1, and 30, para. 1, let. C, LACI) ²

¹ The insured person must target his or her job searches, as a general rule according to ordinary post-regulation methods.

² He or she must provide proof of his or her job searches for each period of control no later than five months or the first business day following that date. At the end of this period, and in the absence of a valid excuse, job searches are no longer taken into account. ³

³ The competent office monitors the insured's job searches every month. ⁴

(art. 17, para. 2, LACE)

¹ After 60 days of controlled unemployment within the limits of the framework, the insured person is entitled every time to five consecutive days not subject to the control which he may freely choose. During the days without supervision, he does not have the obligation to be fit for placement, but must fulfil the other conditions on which the right to compensation depends (art. 8, LACI)

² Count as days of controlled unemployment on the days during which the insured meets the conditions of entitlement to the allowance.

³ The insured person must notify the competent office of his intention to take days without control at least two weeks in advance. If he then fails to take them without just cause, he will no longer be entitled. He can only take his days without control over the entire week.

⁴ An insured person who takes the vacation to which he is entitled under labour law while performing an intermediate gain is entitled to the payments referred to in s. 41 A During this period. The vacation days he took while he made an interim gain are deducted from the days without control accumulated prior to the start of the vacation.

⁵ An insured person who participates in a measure relating to the labour market may receive during that period only the number of days without control to which he is entitled according to the total duration of the measure. Days without control can be taken only with the agreement of the program manager.

⁶ The insured person cannot take days without control immediately before or after his or her stay abroad under s. 64 of the Regulation (EC) n ^O 883/2004 ² , or during that time. On his return, he must present himself to the competent office for days without control. ³

(art. 18 A , LACI) ²

Each calendar month is a period of control.

(art. 20, para. 1, LACI) ²

¹ The insured person chooses the credit union when he or she presents himself to the municipality or the competent office. ³

² During the framework period for the period of compensation, the insured person is authorised to change cash only if he leaves the field of activity of the credit union. The change must occur at the beginning of a period of control, unless it occurs at the end of the compensation framework. ⁴

^2bis ... ⁵

³ On a cash change, the former credit union transmits the data electronically to the new credit union and gives it a copy of the insured's file. Upon request, the former caisse will provide the new information with other useful information.

(art. 40 LPGA, and 20, al. 1 and 2, LACI) ¹

¹ For the first period of control during the framework period and each time the insured person finds himself unemployed after a break of at least six months, he shall assert his right by submitting to the credit union:

A.

A completed claim for compensation;

B.

Twice the application for employment (official form);

C.

Certificates of work for the last two years;

D. ²

The form "Indications from the insured person";

E. ³

Other documents that the credit union requires to establish entitlement to compensation. ⁴

² In order to claim entitlement to the allowance for the following periods of control, the insured person shall present at the credit union:

A. ⁵

The form "Indications from the insured person";

B.

Certificates for interim gains;

C. ⁶

Other documents that the credit union requires to establish entitlement to compensation.

D. ⁷

... ⁸

³ If necessary, the credit union shall provide the insured with a reasonable period of time to complete the documents and pay attention to the consequences of negligence. ⁹

⁴ If the insured cannot prove, through testimonials, of the facts enabling him to judge the right to compensation, the credit union may exceptionally take into account a signed statement by the insured, where it appears plausible.

(art. 19 LPGA, and 20, 96 B And 97 A LACI ²

¹ The credit union shall pay, as a general rule, the allowances for the period of control over the following month.

² The insured receives a written statement.

³ ... ³

⁴ The caisses provide the tax authorities with a statement of the benefits received. ⁴

(art. 19 LPGA, and 20 LACI ²

The insured person is entitled to a suitable advance corresponding to the days controlled when he or she is likely to be entitled to compensation.

(art. 18 C , para. 1, and 22 LACI ²

Old-age benefits are considered to be compulsory and compulsory occupational pension benefits to which the insured was entitled when he reached the prescribed age limit for early retirement.

(art. 22, para. 2 and 3, LACI) ²

¹ There is an obligation to care for children under 25 years of age within the meaning of s. 22, para. 2, LACI if the insured person has an obligation to maintain within the meaning of s. 277 Civil Code ³ . ⁴

² The DEFR is to adjust the limit amount according to Art. 22, para. 3, LACI based on adjustments to changes in prices and wages in the AVS and DI regime (s. 33 ^Ter Of the PMQ of 20 Dec. 1946 on old-age and survivors insurance ⁵ ). The result of the calculation performed is rounded to the nearest unit. ⁶

³ Are considered within the meaning of s. 22, para. 2, let. C, LACI Disability Annuities:

A.

Disability insurance;

B.

Compulsory accident insurance;

C.

Military insurance,

D.

Occupational foresight;

E.

Under the legislation of a Member State of the European Union;

F.

In accordance with the legislation of one of the EFTA countries (Norway, Iceland or Liechtenstein). ⁷

(art. 22, para. 1, LACI)

¹ The supplement corresponding to the legal allowances for children and vocational training is calculated according to the law governing the family allowances of the canton where the insured person is domiciled. ¹

² After agreement with the Federal Office for Social Insurance, the State Secretariat for the Economy ² (SECO) communicates each year to the implementing bodies the scales and the main conditions on which entitlement to allowances depends.

(art. 32 LPGA, and 22 A , para. 2, LACE) ¹

¹ The credit union takes the worker's share of the AVS/AI/APG contribution on the daily allowances according to the art. 18 ff and 59 C ^Bis , para. 1, LACI. ²

² The Federal Social Insurance Office regulates, after agreement with the SECO, the statement of contributions to the AVS/AI/APG, the recording of the revenues to be carried to the individual accounts of the AVS and the cover of the resulting costs.

³ The compensation body for unemployment insurance verifies, in its periodic inspections (art. 109 and 110) withdrawals from the credit union and their registration in the unemployment insurance information system. It shall make the necessary corrections and shall communicate the results of its revisions to the Federal Office for Social Insurance.

⁴ The Federal Audit Office examines the AVS count established by the unemployment insurance clearing house for the AVS clearing house, as well as the transfers of contributions. It also controls the data that the unemployment insurance clearing house provides to the AVS clearing house for the maintenance of individual accounts.

(art. 22 A , para. 4, LACI) ²

¹ The procedure and procedure shall be governed by the Ordinance of 24 January 1996 on the accident insurance of unemployed persons ³ .

² The contribution of the Unemployment Insurance Fund is one third of the compulsory non-occupational accident insurance premium. ⁴

(art. 23, para. 1, LACI) ¹

¹ The insured gain is calculated on the basis of the average salary of the last six months of assessment (s. 11) which precede the compensation framework. ²

² It is determined on the basis of the average salary of the last twelve months of assessment prior to the compensation framework if that wage is higher than the average wage set out in para. 1. ³

³ The reference period begins to run on the day preceding the start of the loss of gain to be taken into account regardless of the date of the unemployment registration. To date, the insured must have contributed at least twelve months during the framework period applicable to the contribution period. ⁴

^3bis Where the salary varies due to the normal work schedule in the branch, the insured gain is calculated in accordance with paras. 1 to 3, but not more than the annual average of the agreed work schedule. ⁵

^3ter ... ⁶

⁴ The insured gain is redefined for the following control period if, during the compensation framework:

A.

The insured person worked for at least six consecutive months, before falling back to unemployment, an activity subject to an assessment for which he received a salary greater than the insured gain;

B.

The ability to invest the insured person has undergone a change. ⁷

⁵ ... ⁸

(art. 23, para. 3 ^Bis , LACI)

¹ The following are deemed labour market measures within the meaning of Art. 23, para. 3 ^Bis , 1 ^Re Sentence, LACI, integration measures financed in whole or in part by the public authorities.

² With regard to the measures referred to in para. 1, the cantons shall ensure that no insured gain is certified to the attention of the unemployment funds.

(art. 23, para. 1, LACI)

For periods which, according to Art. 13, para. 2, let. B to d, LACI, are taken into account as periods of assessment, determining the wage that the insured would normally have earned.

(art. 23, para. 1, LACI)

The gain is not guaranteed when, during the reference period, it does not reach 500 francs per month. The earnings resulting from several work reports add up.

(art. 23, para. 1, LACI)

The daily gain is determined by dividing the monthly gain by 21.7.

(art. 23, para. 1, LACI)

Is determinative of the insured gain of persons who, by reason of their health, suffer an impairment in their ability to work during or immediately before unemployment, the gain that they may gain, taking into account their capacity Effective in earning a living.

(art. 14, para. 1, and 23, para. 2 ^Bis , LACI)

Where the insured is responsible for a sufficient period of assessment and at the same time may avail himself of a reason for the release of the conditions relating to the period of assessment under s. 14, para. 1, LACI, its insured gain is calculated on the basis of its income and the flat-rate fixed amount proportional to the rate of inactivity induced by its inability to work, provided that the sum of the occupancy rate and the inactivity rate of The insured person reaches 100 %.

(art. 23, para. 2, LACE) ²

¹ The insured gain of persons who are released from the conditions relating to the period of assessment or who are at the end of initial vocational training shall be fixed at the following lump sums: ³

A. ⁴

153 francs per day for persons with a tertiary education diploma (high school or higher or equivalent vocational training);

B. ⁵

127 francs per day for those with a high school diploma II (initial vocational training);

C.

102 francs a day for all other people if they are more than 20 years old and 40 francs a day if they are under 20 years old.

² The lump sum is reduced by 50 % if the insured:

A. ⁶

Is relieved of the conditions relating to the period of assessment for one of the reasons set out in s. 14, para. 1, let. A, LACI, associated, where applicable, on any of the grounds defined in s. 14, para. 1, let. B or c, LACI or is at the end of apprenticeship,

B.

Is less than 25 years old and

C.

Does not have an obligation to care for children within the meaning of s. 33.

³ The s. 1 and 2 are not applicable to persons whose apprentice salary exceeds the corresponding lump sum amount.

⁴ If the conditions for determining the lump sum amount change in the course of compensation, the new amount shall be applicable from the beginning of the corresponding period of control.

⁵ The DEFR can adapt the lump sum amounts to changes in salaries for the beginning of the calendar year, after consulting the Monitoring Committee.

(art. 16, para. 2, let. H and i, and 24 LACI) ²

¹ When the insured person is earning less than his unemployment benefit, he is entitled to compensatory allowances during the time-frame for compensation. ³

² Where the entitlement to compensation under s. 24, para. 4, LACI, is exhausted, an income of 70 per cent or more of the insured gain is deemed appropriate. ⁴

³ Where the same parties resume employment reports within one year or renew them after termination due to changes in the terms of the contract, the intermediate gain shall not be recognised and the insured shall not be entitled to any Allowance:

A.

If the reduction in working time is accompanied by a decrease in non-proportional remuneration;

B.

If the working time is maintained, but the salary is reduced. ⁵

⁴ If the insured has exhausted his or her entitlement to compensation under s. 24, para. 4, LACI, income from work deemed to be unsuitable for a period of control shall be deducted from the unemployment benefit to which it is entitled.

⁵ Income from an independent activity is always taken into account during the period of control during which the work was provided. Certified material and merchandise costs are deducted from gross income. Other professional expenses are then deducted as a lump sum amounting to 20 % of the remaining gross income. ⁶

(art. 27, para. 3, LACE)

¹ The insured for whom a period-period for compensation based on s. 13 LACI has been opened in the four years preceding the age eligible for an ordinary annuity AVS is entitled to an additional 120 per diems.

² The compensation framework is extended to the end of the month prior to the payment of the AVS annuity.

³ A new compensation framework is opened when the insured has exhausted his maximum entitlement to compensation if the conditions are met.

(art. 28 LACE)

¹ Insured persons who intend to claim their entitlement to the daily allowance in the event of total or partial incapacity for work are required to announce their incapacity for work to the RFO within one week of the start of the period.

² If the insured announces his incapacity for work after that period without a valid excuse and he has not indicated on the form "Indications from the insured person", he shall lose his right to the daily allowance for the days of incapacity prior to Its communication.

(art. 30, para. 1, let. A, LACI) ³

¹ In particular, it is deemed to be without work by its own fault which:

A.

By his conduct, in particular by the breach of his contractual obligations to work, gave his employer a ground for termination of the contract of employment;

B.

Terminated the employment contract himself, without having been previously assured of obtaining any other employment, unless he could be required to keep his former employment;

C.

Terminated a contract of employment that was likely to be of long duration and entered into another contract for which he knew or ought to have known that he would only be of short duration, unless he could not be required to keep his former employment;

D.

Refused suitable indeterminate employment in favour of a contract of employment which he knew or ought to have known would be of short duration.

² ... ⁴

(art. 30, para. 3 and 3 ^Bis , LACI)

¹ The period of suspension in the exercise of the right to compensation shall take effect from the first day following:

A.

Termination of the employment report when the insured person has become unemployed by his or her own fault;

B.

The act or neglect that is the subject of the decision.

² Suspended days are executed after the waiting period or a suspension already in progress.

³ The suspension continues:

A.

1 to 15 days in case of slight fault;

B.

16 to 30 days in the event of an average severity error;

C.

31 to 60 days in case of serious misconduct.

⁴ There is a serious mistake when, without good cause, the insured:

A.

Abandons a job deemed suitable without being assured of a new job; or

B.

Refuses a suitable job.

⁵ If the insured person is repeatedly suspended in his right to compensation, the period of suspension shall be extended accordingly. Suspensions in the last two years are taken into account in the calculation of the extension.

(art. 60 and 64 A LACI) ²

¹ The cantonal authority may not require the insured to take part in a training or employment measure or to approve his participation in such a measure, provided that it is organised by qualified persons and according to a programme set out in The advance. ³

² Excluded are the usual measures in the professions and within companies to make new employees aware.

³ Art. 81 E , para. 1, shall apply mutatis mutandis to the time limit for filing the application for approval. ⁴

(art. 59 A LACI)

¹ The cantonal authority shall provide the PLASTA information system with the data necessary for monitoring the effectiveness of the measures.

² The persons and institutions organising labour market measures provide information, participate in the control measures and establish an evaluation of the results obtained.

³ The clearing body shall evaluate the data in accordance with para. 1. It uses the results of its analyses to develop labour market measures. To this end, it takes into account, in particular, the needs of jobseekers whose reintegration into the labour market is difficult. ²

(art. 59 B , para. 2, LACE)

The minimum daily allowance paid to insured persons under s. 59 B , para. 2, LACI is 102 francs.

(art. 59 C LACI)

¹ The competent authority shall grant grants to the organisers of labour market measures by decision or by agreement of delivery. It may attach conditions to the granting of grants.

² The decision or benefit agreement shall specify at least the legal bases, the nature and amount of the grant, the duration and purposes of the measure, the mandate and the target groups.

³ Where grants are awarded by agreement of delivery, the latter shall also indicate the competent authority and the organiser of the measure, the rights and duties of the parties, the target values and the indicators, the modalities of termination or Amendment of the benefit agreement and the procedure to be followed in the event of a dispute.

(art. 59 C LACI)

¹ Subject to Art. 90 A And 95 B To 95 D , the person who participates in a labour market measure must submit to the competent cantonal authority its application for approval no later than 10 days before the start of the measure. If this person submits his or her application after the commencement of the measure, without a valid excuse, the benefits are paid only from the time the application was made.

² The cantonal authority brings together in an annual framework project labour market measures. After consulting the competent tripartite committee, it shall forward this draft framework to the compensation body at least eight weeks before the start of the calendar year.

³ Organisations, institutions and communities in charge of measures relating to the collective labour market shall apply to the cantonal authority at least four weeks before the start of the measure concerned. The cantonal authority shall forward such requests, together with its notice, to the clearing body, except where it has the decision-making competence referred to in para. 4. Any application for a national labour market measure must be submitted directly to the clearing body within the same period.

⁴ The compensation body may delegate to the cantonal authority jurisdiction to rule on requests for the subsidizing of collective labour market measures for which the project costs to be taken into account are less than five Million francs.

⁵ At the end of the third quarter at the latest, the canton shall report to the clearing body for the decisions it has taken and its practice for the current year. The clearing body shall report in the same manner to the Monitoring Committee on the decisions it has taken and the decisions taken by the cantonal authorities.

(art. 59 D , para. 1, LACI)

After expiry of the framework for compensation, the insured person may not participate in any training or employment measures within the meaning of s. 59 D , para. 1, LACI for two years.

(art. 60 LACE) ¹

Where the cantonal authority instructs an insured person to take a course, it shall also take into account in an appropriate manner, in addition to the situation of the labour market, the skills and inclinations of the insured. With the agreement of the latter, it may, if necessary, instruct the public vocational guidance to clarify the case.

(art. 59 to 71 D , 75 A , 75 B , 83, para. 1, and 110 LACI) ²

The compensation body may control the labour market measures referred to in the ICA.

(art. 59 C ^Bis , para. 3, LACE)

¹ A person who is a participant in a training or employment measure shall submit to the credit union the invoices relating to the expenditure, together with an attestation from the management of the measure certifying that such expenditure is essential.

² In the case of travel expenses, the cantonal authority shall accord to the insured, taking into account the duration of the measure, an amount corresponding to the expenditure for tickets or subscriptions of 2 ^E Class of means of public transport within the country. In exceptional circumstances, it permits the reimbursement of the costs incurred by the use of a private means of transport to the insured, upon presentation of proof, where there is no public means of transport or where one cannot Reasonably require the insured person to use it. The cantonal authority shall determine the contribution of the insured person in respect of the costs of accommodation and living expenses to the place where the training measure takes place.

³ The DEFR sets:

A.

The amounts of contributions to living and living expenses at the place where the training or employment measure is taking place;

B.

Amounts allocated for the use of private vehicles;

C.

The maximum costs to be considered for the different types of measures.

(art. 59 C ^Bis , para. 2, LACE) ²

The organizer of the measure cannot collect fees or contributions for educational materials from the participants.

(art. 59 C ^Bis , para. 3, LACE) ¹

¹ As a general rule, the credit union shall reimburse the insured person at the same time as the insured person pays the daily allowance, provided that the latter provides proof of expenditure until the end of the period of supervision (Art. 18, para. 2, LACE). Participants in a course who do not receive per diem allowances present their documents at the caisse for the end of each month. Invoices for the cost of shading, as well as large purchases of course material, can be paid directly to the credit union.

² Reimbursement shall not take place where the insured person has not made the claim no later than three months after the end of the month in which the costs were incurred. Unclaimed refunds may be required for three years.

³ The credit union may make an advance on the cost of travel, accommodation and living expenses, where the insured person falls into a state of necessity if the advance is not in advance.

The organiser of the training or employment measure shall provide to the insured, no later than the third working day of the following month, an attestation to the unemployment fund, which shall mention the number of days during which the insured person participated Indeed to the measure, as well as its possible absences.

(art. 59 C ^Bis , para. 2, LACE) ²

¹ The following are considered costs to be taken into account in the organisation of a training measure:

A.

Compensation for training and teaching staff; and

B.

Costs for the acquisition of educational and other materials;

C.

Premiums for professional accident insurance and insurance;

D.

The cost of accommodation and meals;

E.

The transportation costs of the equipment and equipment necessary for the training measure and the travel expenses of the training and teaching staff to the location where the training is taking place;

F.

The necessary project, capital and space costs.

² The organization responsible for the training measure provides an inventory of educational and other materials purchased using UI contributions. This material may be disposed of only with the agreement of the clearing body. The proceeds from the sale corresponding to the share of the grant paid shall be returned to the compensation fund.

(art. 65 and 66 LACI) ¹

¹ The placement of an insured person is deemed difficult when, given the labour market situation, the insured has great difficulty in finding a job because:

A.

His advanced age,

B.

His or her physical, mental or mental handicap,

C. ²

Lacunary work history;

D.

The fact that it has already received 150 per diems;

E. ³

His lack of professional experience during a period of high unemployment within the meaning of s. 6, para. 1 ^Ter . ⁴

^1bis Work-initiation allowances may be paid for a period of up to twelve months if the insured person's personal situation suggests that the purpose of the initiation to work cannot be reached within six months. ⁵

² Art. 81 E , para. 1, shall apply mutatis mutandis to the time limit for filing the application for an initiation allowance at work. ⁶

³ The cantonal authority checks with the employer whether the conditions on which the granting of employment initiation allowances are met are met. It may require that the conditions under s. 65, let. B and c, LACI is subject to a written contract.

⁴ The credit union pays the employee induction allowances to the employer. The latter shall pay them in turn to the insured person with the agreed salary.

⁵ The compensation body may provide guidelines for the calculation of allowances.

(art. 66 A And 66 C LACI) ²

¹ The following are considered to be high schools ETS, ESCEA, higher schools of applied arts, higher education schools, other training institutions, Swiss or foreign, recognized as high schools, As well as schools with a duration of comparable training which fall within the competence of the cantons.

² Where the training envisaged is sanctioned by a Federal Certificate of Capacity (CFC), the training contract shall be concluded in the form of a learning contract in accordance with the Federal Act of 19 April 1978 on vocational training ³ . Where it is sanctioned by a cantonal certificate, the training contract shall be concluded in the form provided for in the relevant cantonal law. ⁴

³ The remuneration corresponds to the salary in use in the locality and the branch considered in the last year of basic vocational training. If the insured person does not have experience in the occupation in question or in a related profession, the remuneration shall be calculated in accordance with the use in the locality and the branch considered on the basis of the corresponding year's salary in the Basic vocational training. ⁵

⁴ The maximum amount referred to in s. 66 C , para. 2, LACI, is 3500 francs per month. The bursaries awarded to the insured are charged to the training allowance if they are not used to cover the maintenance costs of the family.

⁵ The time-frame for compensation set out in s. 9, para. 1 and 2, LACI applies to the insured person. At the time of commencement of training, this framework period shall be extended to the end of the training for which the allowance has been granted. If the training is interrupted or completed, the extension ceases on the day on which it interrupts or terminates the training. A new framework period may be opened the following day if it meets the conditions laid down in Art. 8 LACE. ⁶

⁶ ... ⁷

⁷ Applications for training allowances must be submitted by the insured to the cantonal authority eight weeks before the start of the training.

⁸ As a general rule, the cantonal authority shall communicate its decision to the insured within four weeks of the dispatch of the request.

(art. 68, para. 1, let. A, LACI)

The workplace is located in the insured's home region:

A.

Where there is between the place of work and the place of residence a link by means of public transport and the latter does not exceed 50 kilometres; or

B.

Where the insured person can travel the distance between the place of work of the place of residence within an hour, by means of a private vehicle of which he or she may dispose.

(art. 69 LACI)

The contribution to commuting expenses is calculated by analogy to the regulations concerning the reimbursement of travel expenses incurred as a result of attending a course (s. 85, para. 2 and 3, let. (b).

(art. 70 LACE)

¹ The lump-sum allowance for the housing and subsistence of workers who stay away from home during the week is calculated on the basis of the rates set by the DEFR and applicable to participants in the course (art. 85, para. 3, let. (a).

² By analogy, the reimbursement of travel expenses is calculated according to the regulations concerning the reimbursement of these costs in the event of attendance at a course (art. 85, para. 2 and 3, let. (b).

(art. 68, para. 3, LACE)

The insured undergoes a financial disadvantage when, in his new activity:

A.

The gain is not, after deduction of the necessary expenses (travel, accommodation and living expenses), the insured gain obtained before unemployment (art. 23, para. 1, LACI), net of corresponding expenditures; and

B.

The necessary expenditure (travel, accommodation and subsistence costs) is higher than the corresponding expenditure before unemployment.

(art. 19 LPGA, and 59 C , para. 1, and 68, LACI) ¹

¹ Art. 81 E , para. 1, shall apply mutatis mutandis to the time limit for filing the application for daily travel or travel and weekly living expenses. ²

² With his request for a contribution to the daily travel expenses or the weekly travel and subsistence expenses, the insured person must indicate to the cantonal authority the credit union he has chosen. It can only change a credit union if it meets one of the conditions set out in s. 28, para. 2.

³ The cantonal authority shall communicate its decision to the insured and the credit union.

⁴ Contributions to daily travel expenses and weekly travel and subsistence expenses shall be paid monthly after the insured person has provided the necessary supporting documents to the credit union. The credit union is authorized to make an advance of up to two-thirds of the probable monthly amount, where in the absence of such an advance the insured person would fall into a state of necessity.

⁵ Benefits are no longer paid when the insured person has not claimed his right no later than three months after the end of the month in which the expenses were incurred. Unrepaid contributions may be made in three years.

(art. 71 A , para. 1, LACI)

Development of the project is considered to be the time required for the insured to plan and prepare an independent activity. This phase begins with the acceptance of the application and ends when the insured person has received the per diems granted under s. 95 B .

(art. 71 B , para. 1 LACE) ³

¹ The request must contain at least:

A.

Information on the professional knowledge of the insured;

B.

Supporting evidence that he or she has knowledge of business management or certification that he or she has acquired that knowledge in a course, and

C.

A description of the project in its main lines.

1.

On the design of the future independent activity, on the product or service the insured proposes to offer, on its opportunities and on its potential customers,

2.

The cost and method of funding the project; and

3.

On the state of play.

² The cantonal authority shall examine whether the insured person qualifies for benefits and submits the application to a formal examination and a summary material examination.

³ It shall rule on the granting of daily allowances within four weeks of the receipt of the request and shall determine the number of allowances to be paid. ⁴

⁴ Daily allowances shall be granted only once per master plan. ⁵

(art. 71 B , para. 2, LACE)

¹ The application must be submitted to the cantonal authority in the first 35 weeks of controlled unemployment. It must contain a project developed and detailed documents relating to the capital requirement as well as funding during the first year of operation.

² The cantonal authority shall examine whether the conditions referred to in Art. 71 B , para. 1, let. A to c, LACI and s. 95 B , para. 1, let. A and b, are completed and submit the received documents to a formal review. The examination must be carried out within four weeks of the shipment of the application. If the conditions are met, the cantonal authority shall forward the request together with a copy of the corresponding decision to the surety organisation responsible for material examination.

³ The competent surety organization shall act within four weeks of the dispatch of the application and shall send a copy of its decision to the cantonal authority.

⁴ If a bond is granted under the Act of 6 October 2006 on financial aid to bail-out organisations for small and medium-sized enterprises ² , the compensation fund takes over the additional 20 % coverage of the risk of loss to the surety organisation. The cantonal authority makes a decision on the amount guaranteed by the compensation fund.

(art. 71 B , para. 2, LACE)

¹ The application must be submitted to the cantonal authority in the first 19 weeks of controlled unemployment. It must contain the draft independent activity on its main lines.

² Within four weeks of the dispatch of the application, the cantonal authority shall examine the conditions for entitlement to benefits and submit the application to a formal examination. It then decides on the payment of the daily allowances and determines their number. If it accepts the request, it shall direct the insured person to the competent surety organisation and shall send to the latter a copy of the relevant decision. It advises the insured that it must carry out, on the basis of the outline of its project, an elaborate project which will be submitted to the surety organisation. ²

³ The insured person must submit the project developed to the appropriate surety organization in the first 35 weeks of controlled unemployment for physical examination. ³

⁴ The sequence of proceedings is governed by s. 95 C , para. 3 and 4.

(art. 71 D LACI) ²

¹ The project must be notified in writing to the cantonal authority.

² ... ³

³ The extended time frame under s. 71 D , para. 2, LACI is replaced by a new framework for compensation as soon as the insured person who has exhausted his right to compensation meets the conditions for opening this framework. ⁴

(art. 59 C ^Bis , para. 2, LACE) ²

¹ The following are considered costs to be taken into account in the organisation of an employment measure:

A.

Compensation for organizers and executives;

B.

Acquisition costs of equipment and material and other necessary equipment;

C.

Premiums for professional accident insurance and insurance;

D.

The cost of accommodation and meals;

E.

Travel expenses and transportation costs of the equipment and equipment necessary to carry out the measure of employment to the place where the measure is taking place;

F.

The necessary project, capital and space costs.

² The share of training and the share of occupation in the employment measure are decisive for the respective application of para. 1 of this Article and of Art. 88, para. 1, in the calculation of essential organisational costs.

³ The organiser of the employment measure shall present the count to the clearing body. The latter may require periodic counts.

⁴ The organization responsible for the employment measure maintains an inventory of equipment and equipment purchased using UI contributions. Such equipment and equipment may be disposed of only with the agreement of the clearing body. The proceeds from the sale corresponding to the share of the grant paid shall be returned to the compensation fund.

⁵ The allocation of subsidies for employment measures may be accompanied by charges.

(art. 64 B , para. 2, LACE)

The employer shall pay 25 % but not less than 500 francs of the daily gross traineeship or the monthly contribution referred to in Art. 98 paid to the insured person. The minimum amount is reduced proportionally in the case of part-time work. The cantonal authority may set a higher percentage. The insured's unemployment fund shall draw up a statement for the employer at the end of the measure.

(art. 59 C ^Bis , para. 2, 59 D And 64 A , para. 1, let. C, and 5, LACI)

Persons participating in a motivational semester during the waiting period are entitled to a monthly net contribution of 450 francs on average.

(art. 64 A , para. 1, let. B, LACI)

Insured persons within the meaning of s. 6, para. 1 ^Ter , who take part in a professional traineeship during the waiting period are entitled to a contribution corresponding to the minimum daily allowance laid down in Art. 81 B .

(art. 59, para. 1, LACI)

Employers who wish to organise measures relating to the labour market under s. 59, para. 1, LACI, must involve the cantonal authority as early as the project development phase and then submit a written request. This applies to all persons threatened with unemployment within the company. The cantonal authority shall forward the request with its notice, within two weeks, to the clearing body, which shall act within a week. Art. 59 C , para. 4, LACI is reserved.

(art. 73 LACI ¹

¹ As a general rule are taken into account:

A.

The remuneration of employed persons to carry out a research project and the necessary auxiliary staff;

B.

Costs necessary for the preparation of research reports;

C.

The costs of acquiring the necessary equipment and equipment.

² The Supervisory Committee shall fix, in its decision, the applicable rate of subsidy, which is between 20 and 50 % of the costs to be taken into account. In doing so, it takes into account other sources of funding as well as the importance of the project for unemployment insurance.

³ The allocation of grants may be subject to conditions.

⁴ Grant applications should generally be submitted to the compensation body at least three months before the start of the project. ²

⁵ The grant beneficiary shall report the results of the research to the clearing body for the monitoring committee. ³

(art. 83 and 92, LACI)

¹ Revisions to the management of Unemployment Insurance executive bodies include:

A.

Control of accounts and inventory (art. 109 A );

B.

Control of computer applications (art. 109 B );

C.

Control of payments and checks with employers (art. 110);

D. ² Control of the manner in which the competent authorities carry out the law.

² The clearing body may assign these tasks to a trustee.

³ ... ³

(art. 83, para. 1, let. C, LACI)

¹ The clearing body and the trust offices that it has mandated review the accounts of the caisses each year. They carry out periodic checks on the inventory of investments financed by the unemployment insurance fund.

² Where the founder of a credit union has already appointed a trustee for the review of other institutions of which he or she is responsible or of its own body, the clearing body may, at the request of the founder of the credit union, entrust control of the Accounts of the unemployment fund in the same trust office. The application shall be approved in so far as the said trustee complies with the requirements of Art. 109, para. 3, and there are no disadvantages to this choice. The principal is in all cases the clearing body. The representative shall be bound by the directives of the clearing body.

(art. 83, para. 1, let. I and o, LACI)

The clearing body and the trust offices that it has mandated periodically review computer applications, technical aspects and security measures. Control focuses specifically on the payment system for unemployment funds and on accounting and finance applications.

(art. 28 and 46 LPGA, and 83, para. 1, and d, and 83 A , para. 3, LACE) ²

¹ The clearing body shall monitor at regular intervals, either in depth or in surveys, if the payments of the funds have been made to the right. ³

² The caisses retain, in their entirety and in good order, files relating to insurance cases. The clearing body may consult them at any time.

³ The review of cases has been on files opened since the last revision. When less than one year has elapsed since the last revision, the control may cover all the files of the last twelve months. The limitation period laid down in the criminal law is decisive when a punishable act has had the effect of obtaining a payment. ⁴

⁴ The supervisory body and the trust offices that it has mandated regularly monitor employers' compensation payments in the event of a reduction in working hours or in case of inclement weather. ⁵

(art. 83, para. 1, let. D, 83 A , para. 3, and 95, para. 2 and 3, LACI) ²

¹ The clearing body shall record the result of the revision of the payments in a written report which it gives notice to the credit union and its founder within 60 days, as a general rule.

² It shall communicate to the employer, by decision, the result of the control carried out with the employer. The credit union shall bear the encashment of any amounts to be repaid on the basis of the decision of the clearing body. ³

(art. 88, para. 2 ^Bis , LACI)

¹ The following are deemed to be additional costs for the control of the employer in the event of an abusive collection of benefits which exceed the average cost of an ordinary employer control.

² The clearing body shall determine the costs to be taken into account in the decision on restitution.

(art. 88, para. 2 ^Ter , LACI)

If the employer is improperly collecting the allowance in the event of a reduction in the hours of work or in the event of inclement weather, the amount to be paid shall be equivalent to the amount of the indemnity charged unduly multiplied by the ratio of the Hours reported abusively and the total number of hours announced at the credit union.

(art. 83, para. 1, let. D, LACI)

¹ Within 30 days of the release of the revision report, the credit union may submit objections to the provisional objections as well as attach or complete the missing or incomplete supporting documents.

² The compensation body may extend this period if the credit union submits a reasoned request before its expiry.

³ The compensation body may refuse documents completed late when the credit union has repeatedly submitted incomplete or ill-kept records.

(art. 83, para. 1, let. D, LACI)

¹ At the expiration of the time limit for the submission of objections, the compensation body shall give it the necessary instructions.

² It refers to the disputed payments for which the reimbursement is to be required from the beneficiary and puts the corresponding amounts at the expense of the fund.

³ In the case of disputed payments which cannot be claimed, the compensation body claims to the founder its possible claims for damages.

(art. 82, 83, para. 1, let. F, and 85 G LACI)

¹ Where it is not possible to obtain a refund of an erroneous payment, the founder of the credit union or the canton responsible shall be required to make good the damage.

² The founder of the credit union or the responsible canton shall pay a maximum of 10 000 francs per case, unless he has caused the damage intentionally or by failing to observe the instructions of the clearing body in a particular case or Committing punishable acts.

³ The compensation body annuls the decision where, upon the benefit of the benefit recipient, it has been definitively decided that the payment was legal or was not undoubtedly erroneous.

(art. 82, para. 5, 83 and 85 G , para. 5, LACI)

The DEFR sets out the basis of calculation applied by the compensation body for the bonus for risk of liability granted to the founders of the caisses and the cantons, as well as the amount of the bonus and the details of its payment.

(art. 82, 83, para. 1, let. F, and 85 G , LACI) ³

¹ At the request of the founder, the compensation body may release it from its obligation to repair the damage if it makes it plausible that the fund has committed only a minor fault in making the payment of the undue benefits. ⁴

² The incorporator must submit the application for release within 90 days after the credit union became aware of the repayment due.

³ The discharge of the obligation to repair is excluded where, contrary to the instructions of the clearing body, the credit union has not required the recipient to repay the unsecured benefits. ⁵

⁴ Art. 114 and paras. 1 and 2 shall apply mutatis mutandis where the credit union itself claims repayment of an erroneous payment.

Art. 109 to 115 shall apply mutatis mutandis to the cantons with regard to their competent authorities.

(art. 83, para. 1, let. D, LACI)

¹ When the clearing body delegates the revision of payments to the canton or to another body, it participates fairly in the costs.

² The review body shall record the results of its review in a written report to the credit union, the founder and the clearing body within sixty days as a general rule. The subsequent proceedings shall be conducted in accordance with Art. 113 to 115.

(art. 83, para. 1, let. G. LACI)

By allocating resources to the funds, the clearing body takes into account the state of the working capital and the likely needs.

(art. 92, para. 3, LACE)

The compensation body shall definitively decide on the commitment of the staff responsible for the insurance compensation fund.

(art. 84 LACE)

¹ The Federal Audit Office is the supervisory body of the compensation fund.

² It reviews the annual accounts of the compensation fund and communicates the results of its monitoring to the Federal Council. It does not have the power to check the decisions of the Supervisory Committee.

(art. 85 LACE)

¹ The jurisdiction of the cantonal authority for the place shall be determined by:

A.

From the place where the insured person is subject to compulsory supervision, for the unemployment benefit and for control in the event of a reduction in the hours of work (Art. 40 LACI) and for loss of work in the event of inclement weather (s. 49 LACE);

B.

From the location of the business, for compensation in the event of a reduction in the hours of work;

C. ¹

From the place of work, for the compensation in case of bad weather in Switzerland; from the place of business if the place of work is located abroad;

D. ² From the location of the competent prosecution and bankruptcy office, for the compensation in the event of the insolvency of the employer. If the employer is not subject to enforced execution in Switzerland, the court for the prosecution is the former place of work of the insured person;

E. ³

From the seat of the applicant institution, for grants in favour of retraining and professional development institutions or temporary employment programmes;

F. ⁴

According to art. 20 A For persons temporarily staying in Switzerland for work;

G. ⁵ From the insured person's place of residence for all other cases.

² Is determining when the decision is made.

³ It is competent to rule on an application for surrender of the obligation to return the benefits to the cantonal authority of the canton in which the insured person was domiciled when the decision to surrender was notified to him. ⁶

⁴ When an authority doubts its jurisdiction, it discusses it with the authority that might also be competent. If the two authorities fail to agree, they are addressed to the clearing body, which designates the competent authority. ⁷

(art. 85 B, 85 C And 85 E LACI) ³

¹ The compensation body shall issue directives relating to the establishment and operation of the RFOs. It provides national coordination and other tasks of national importance.

² The cantonal authority is responsible for the planning, institution and coordination of the RFOs. It monitors the operation of RFOs.

³ Several cantons may, by agreement, jointly establish and operate RFOs and LMMT services or establish zones of supracantonal activity. This agreement sets out in particular:

A.

The seat of the ORP or the LMMT service;

B.

Its internal organization;

C.

The legal status of its director and staff;

D.

The person who will represent the RFO or the LMMT service with the clearing body. ⁴

⁴ All RFOs and LMMT services shall be connected to the PLASTA information system and shall process the data necessary for the performance of their legal tasks and the establishment of statistics in accordance with Art. 83, para. 1, let. I, LACI. ⁵

(art. 85 B , para. 4, LACI)

¹ Persons in charge of the public employment service shall, within five years of their entry into office, be holders of a federal patent to advise staff or to justify professional training or experience Recognized by the Association of Swiss Labour Offices (AOST).

² The cantons shall ensure that persons in charge of the public employment service have the necessary qualifications. They also ensure that they have specific initial training and adequate in-service training.

³ The clearing body provides the IT tools to ensure the transparency of training. In special cases, he or she may report compulsory courses or organise courses himself.

(art. 85 D And 113, para. 2, let. D, LACI)

¹ The canton shall lay down in a regulation the tasks, powers and organisation of its tripartite committees. This Regulation shall be brought to the attention of the clearing body.

² ... ²

³ Employer and worker representatives receive attendance fees and travel allowances. The compensation body shall determine the amount of such compensation. These are reimbursed to the cantons as part of the financing of the RFOs.

(art. 85, para. 1, let., and 85 B , para. 2, LACE)

¹ RFOs may not delegate to private placers to carry out their tasks of advising and placing tasks in the exercise of public authority such as the examination of the aptitude for placement or the decision of Sanction.

² The competent cantonal authority shall lay down the arrangements for cooperation between the ORP and private placers by written contract. In this contract, private placers undertake:

A.

Inform the ORP of the outcome of the steps taken in view of the placement and to inform it in the event of the wrongful conduct of the unemployed;

B.

Provide it with the necessary information so that it can fulfil its labour market observation task by means of the PLASTA system.

³ Private placers can be compensated by the unemployment insurance fund for the benefits provided. The compensation body shall determine the entitlement to compensation and the amount of the compensation.

⁴ Data relating to insured persons or to vacant posts may be transmitted to private placers or third parties only with the consent of the insured persons or the employers concerned.

(art. 85 F And 92, para. 7, LACE)

¹ The compensation body may approve requests for temporary support of costs to optimise interinstitutional collaboration, provided that:

A.

All institutions which assign persons to labour market measures participate in the costs of labour market measures according to their legal basis ;

B.

That these measures for people increase the likelihood that participants will be placed.

² The exchange of services between the institutions is governed by a benefit agreement.

³ The clearing body shall report annually to the Monitoring Committee on activities and decisions relating to interinstitutional cooperation.

(art. 87 LACI)

¹ The AVS clearing house transfers the contributions available to the unemployment insurance clearing body each month.

² It shall provide to the compensation body for unemployment insurance, until 30 April of the following year, a statement of revenue from contributions for the annual financial year, broken down by the AVS compensation fund.

(art. 89 LACI)

The Supervisory Committee may delegate to a sub-committee tasks under s. 89 LACI.

(art. 89, para. 1, LACI)

¹ The Supervisory Commission shall decide on the investments of fortune.

² The Federal Finance Authority places the capital of the compensation fund in accordance with the investment strategy established by the Supervisory Commission and the investment guidelines. It shall regularly inform the Commission of the supervision of placements made.