Facts
[A.], a Guatemalan national, lives with his Bulgarian wife and their sons B. and C. in Bulgaria. From May 5, 2013, he was employed by the company D. AG domiciled in Basel. On March 26, 2014, he filed an application for the payment of child allowances for his two sons. The Family Compensation Fund Employers Basel (FAK) denied the claim for child allowances by decision of April 29, 2014, confirmed by objection decision of June 24, 2014.
The Social Insurance Court of the Canton of Basel-Stadt dismissed the appeal filed against this. [A.] then filed an appeal in public law matters, requesting that child allowances be awarded for his two sons.
Considerations
The Federal Supreme Court dismisses the appeal. It finds that [A.], as a third-country national whose children reside abroad, is only entitled to family allowances for his children under Art. 13 of the Federal Act on Family Allowances (FamZG) in conjunction with Art. 7 para. 1 of the Ordinance on Family Allowances (FamZV) if based on an agreement in an international treaty. As there is no such agreement with either Bulgaria or Guatemala, [A.] is not entitled to family allowances.
The Federal Supreme Court also examines whether [A.] has a claim to family allowances under the application of the Agreement between Switzerland and…