Facts
Company X. SA, headquartered in Y. with branches in Z. and W., was established on January 15, 1996. Its purpose is to engage in activities in the IT sector, implement IT solutions (hardware, software and services), import and export IT products, and provide personnel to client companies. On June 10, 2008, the Swiss National Accident Insurance Fund (CNA/SUVA) declared that the entire company X. SA would be subject to mandatory insurance coverage with it as of July 1, 2008. X. SA appealed this decision.
Considerations
The Federal Tribunal dismissed X. SA's appeal. It considered that company X. SA, although it engages in the provision of workers in the IT field, must be equated to a "temporary employment agency" within the meaning of Art. 66 para. 1 let. o of the Federal Accident Insurance Act (AIA). This is justified by the fact that the AIA aims to ensure that the workers concerned are always covered by the same insurer, namely the SUVA, regardless of whether the company engages in temporary work or contract work. The Federal Tribunal found that no distinction should be made between these…