Facts
The German national B., born in 1967, was employed at company X. from October 1, 2006 to September 30, 2007 and at company A. AG, both in the Principality of Liechtenstein, from October 1, 2007 to September 30, 2008. For operational reasons, the employer terminated the employment relationship on August 27, 2008 effective September 30, 2008 and released the employee from work immediately. On November 7, 2008, B. registered with the municipal employment office F. for job placement and applied for unemployment compensation. The cantonal unemployment insurance fund of Schwyz rejected the claim, as B. did not fulfill the required contribution period of 12 months within the qualifying period.
Considerations
The Federal Court dismissed B.'s appeal. It concluded that neither the Agreement on the Free Movement of Persons between Switzerland and the EU nor the EFTA Convention are applicable to B.'s situation, as he as a German national does not fall within the personal scope of these agreements. Furthermore, B. could not benefit from the bilateral agreements between Switzerland and Germany as well as Switzerland and Liechtenstein, as he did not fulfill the required contribution periods.
The Federal Court held that due to the lack of an overarching coordination mechanism between the various agreements, Switzerland is not required to credit EU nationals with the employment periods completed in another EFTA member state. Since B. did not fulfill the…