Facts
X. Ltd., a company domiciled in the United Kingdom and operating in the tourism sector, reported short-time work for the employee A. employed in Switzerland as of April 1, 2020 on March 27, 2020. The Unemployment Insurance Office of the Canton of Bern (AfA) objected, as X. Ltd. does not have a permanent establishment in Switzerland and therefore cannot submit a prior notification for short-time work.
The Administrative Court of the Canton of Bern granted A.'s appeal and referred the matter back to the AfA to clarify the further requirements for entitlement. The AfA then filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the decision of the lower court and confirmed the objection decision of the AfA. It stated that for the entitlement to short-time work compensation under Swiss law, not only the personal entitlement due to compulsory social insurance in Switzerland, but also company-related requirements must be met.
Since the economic activity of X. Ltd. is not tied to permanent operational structures in Switzerland and only one employee…