Facts
V. holds a residence permit N for asylum seekers and has been receiving unemployment insurance benefits since October 5, 1999. By order dated January 20, 2000, the Office of Labor of the Canton of St. Gallen informed her that her employability was no longer given as of December 15, 1999. V. filed a complaint against this order and requested the granting of the suspensive effect.
The Insurance Court of the Canton of St. Gallen granted V. the suspensive effect. Thereupon, the Office of Labor filed an administrative court appeal with the request that it be determined that the suspensive effect could neither be withdrawn nor restored in the present case.
Considerations
The Federal Supreme Court concluded that the order of January 20, 2000, by which the insured person's employability was denied as of December 15, 1999, was a negative order in which the question of suspensive effect does not arise.
This is because unemployment benefits are temporary benefits, the entitlement requirements of which must be periodically reviewed. If the administration…