Facts
The dispute concerns the question of whether public service personnel are entitled, like other insured persons, to compensation for inclement weather. The municipality of Hérémence appealed against the decision of the Cantonal Office of Labor and the Cantonal Arbitration Commission for Unemployment Insurance in Valais, which had refused to grant such compensation to its public works personnel.
The municipality argues that during work interruptions due to inclement weather of its municipal public works team, private companies in the region also interrupted work on construction sites for climatic reasons, and their workers benefited from unemployment insurance benefits. It therefore considers that there are no grounds for treating public service personnel differently, as long as the obligation to contribute is the same for all workers.
Considerations
The Federal Tribunal considers that by "workers", it must be understood not only persons bound to an employer by an employment contract, but also public service personnel, whether civil servants or employees. Although public service personnel pay contributions primarily on the basis of solidarity, this does not mean that they are not, like other workers, insured against inclement weather within the meaning of the Unemployment Insurance Act.
However, the Federal Tribunal cannot decide whether the work losses…