Facts
The case concerns the different calculation methods of short-time work compensation in the summary and regular procedures for salaried employees compared to hourly wage employees.
The Unemployment Insurance Fund of the Canton of Lucerne had calculated the short-time work compensation for the months of March to May 2020 for salaried employees without considering vacation and public holiday compensation. The Cantonal Court of Lucerne overturned the decision of the Unemployment Insurance Fund and remanded the case for recalculation, taking into account the vacation and public holiday compensation for salaried employees.
The Unemployment Insurance Fund of the Canton of Lucerne subsequently filed an appeal in public law matters.
Considerations
The Federal Supreme Court dismissed the appeal.
It stated that in the regular settlement procedure for short-time work compensation, equal treatment of employees with monthly and hourly wages is ensured by considering vacation and public holidays for both. This equal treatment must also be observed in the summary procedure according to Art. 34 para. 2 AVIG.
The Federal Supreme Court saw no sufficient legal basis for the vacation and public holiday compensation of salaried…