Facts
A., born in 1983, completed a Bachelor's degree in Economics in July 2016. From August 22, 2016 to May 26, 2017, he performed civilian service. The Compensation Fund for Trade in Switzerland initially granted him a compensation of CHF 62 per day, based on the salary of an intern of CHF 2,600. A. filed a complaint, and the Cantonal Court of Basel-Landschaft remanded the case for a new assessment of the compensation based on the prevailing starting salary of a Bachelor's graduate in Economics.
Subsequently, the Compensation Fund set the compensation for loss of earnings based on a prevailing starting salary of a Bachelor's graduate in Economics of CHF 72,000 per year and granted A. a compensation of CHF 160 per day for the period from December 17, 2016 to May 26, 2017.
The Federal Social Insurance Office (BSV) filed a complaint against this decision.
Considerations
The Federal Supreme Court held that for persons who have completed their education immediately before or during their service, the compensation for loss of earnings should be calculated based on the prevailing starting salary in the relevant profession.
However, the Federal Supreme Court found that A. would have…