Facts
The Federal Insurance Court dealt with the question of whether the loss of work in the case of delayed registration of short-time work is only eligible for compensation from the expiry of the registration deadline. The employer had registered the short-time work, which was introduced on January 1, 1984, only on February 7, 1984. The cantonal office for industry, trade and labor therefore denied the eligibility of the loss of work until February 16, 1984.
The respondent argued that he did not know that short-time work had to be registered as of January 1, 1984, and had proceeded according to the old law. However, the court did not see this as an excusable reason within the meaning of Art. 58 para. 4 AVIV, as according to a general principle, no one can derive advantages from their own ignorance of the law.
Considerations
The court concluded that the ten-day deadline for pre-registration of short-time work pursuant to Art. 36 para. 1 AVIG is a preclusive deadline. In the case of delayed registration without an excusable reason, the loss of work is only eligible for compensation when the deadline for registration has expired.
Art. 58 para. 4 AVIV, which establishes this regulation, proves to be necessary, objectively justified and thus lawful in terms…