Facts
The case concerns an employee (R.) who had concluded an open-ended employment contract with an employer (S.) on September 2, 1996. The employment contract provided for a three-month probationary period with a notice period of seven days. In parallel, R. had filed an application for integration allowances with the cantonal unemployment office Vaud on September 4, 1996, which was approved on September 24, 1996. However, the employer terminated the employment relationship on October 11, 1996, i.e., during the probationary period. Thereupon, the unemployment office revoked its decision of September 24, 1996 and demanded the reimbursement of the integration allowances already paid for September 1996 in the amount of 978.60 Swiss francs.
R. filed a complaint against the reclaim of the integration allowances. The Administrative Court of the Canton of Vaud dismissed the complaint, as the employer had not complied with the conditions of the unemployment office for receiving the allowances. The employer (S.) then filed an administrative court appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld the appeal. It stated that the employer may terminate the employment relationship without stating reasons during the statutory probationary period of one month, without this having any impact on the entitlement to integration allowances. The purpose of the probationary period is to enable the establishment of a relationship of…