Facts
The football club A. AG submitted a pre-notification for short-time work for the entire business for the period from March 14 to June 30, 2020 to the Office for Economy and Labor of the Canton of St. Gallen (AWA) on March 24, 2020. The AWA approved the short-time work as of March 26, 2020. The football club A. AG filed a complaint, and the Insurance Court of the Canton of St. Gallen set the start of the entitlement to short-time work compensation to March 17, 2020.
With a complaint in public law matters, the football club A. AG requested that the start of the entitlement to short-time work compensation be set to March 13, 2020.
Considerations
The Federal Supreme Court dismissed the complaint and confirmed that the start of the entitlement should be set to March 17, 2020. The SECO guidelines provide that for late applications submitted by March 31, 2020 and relating to business closures due to official measures, the date of the official measure (usually March 17, 2020) can be set as the fictitious date of receipt. This regulation is lawful, as it allows for an interpretation of the applicable emergency ordinance provisions that is adapted to the individual case and fair, and ensures equal treatment.
For the professional football business,…