Facts
In this case, the issue was whether the employer Bonetti was entitled to bad weather compensation for the work interruption from January 16 to 21, 1984. The Federal Office for Industry, Commerce and Labor (BIGA) objected to the continued payment of the compensation, as the notification of the work interruption on January 23, 1984 was not made within the legally prescribed deadline.
The construction company Bonetti had notified the Cantonal Office for Industry, Commerce and Labor of Uri on December 20, 1983 that work on four construction sites in Andermatt and Hospental would be suspended due to weather conditions starting January 9, 1984. The cantonal office initially did not object to the payment of the bad weather compensation. However, it objected to the continued payment of the compensation, which was claimed in the notification of January 23, 1984 for the work interruption from January 16 to 21, 1984. The cantonal office justified the objection by stating that in the case of a prolonged uninterrupted work interruption, the notification must be renewed weekly. Since the initial notification was not renewed on January 16, 1984, the interruption from January 16 to 21, 1984 cannot be compensated.
Considerations
The Federal Insurance Court concluded that the provision in Art. 45 para. 1 AVIG, according to which the employer must immediately notify the cantonal office if he wants to claim bad weather compensation for his employees, is not merely an administrative regulation, but a formal prerequisite for the claim. Consequently, a weather-related work interruption that was reported late without a valid reason is only eligible for compensation from the date of the notification…