Facts
According to the commercial register, A. AG operates in the execution of construction work, the placement of personnel, as well as the purchase, sale, and management of real estate. On February 12, 1992, the company reported short-time work for 10 of its total 33 employees to the Industrial, Commercial and Labor Office of the Canton of Aargau (KIGA). KIGA partially objected and rejected the payment of short-time work compensation for employees in a temporary employment relationship.
A. AG filed a complaint and requested that the KIGA's objection be lifted insofar as it also affected its permanently employed "in-house employees." The Insurance Court of the Canton of Aargau dismissed the complaint, as the employees were temporary workers for whom there was no entitlement to short-time work compensation.
With the administrative court appeal, A. AG renewed the first instance complaint. It argued that a distinction should be made between actual temporary work and temporary/in-house employment, and that in-house employment relationships do not fall under Art. 33 para. 1 lit. e AVIG.
Considerations
The Federal Insurance Court states that according to Art. 33 para. 1 lit. e AVIG, a loss of work is also not attributable insofar as it affects persons who are in an employment relationship for a specific duration, an apprenticeship, or in the service of a temporary employment organization. The temporary worker is only obliged to perform work in the user company to the extent and for as long as the user company offers work, which is why there is no attributable loss of work when the work opportunity ceases.
The court finds that temporary employment ("in-house employment") is…