Facts
M. Bau AG, a corporation in which brothers Edwin and Hans-Rudolf M. each hold one-third of the share capital, applied for bad weather compensation for 13 workers following a period of bad weather in January and February 1985. The unemployment insurance fund of the canton of Bern rejected the compensation claim of Edwin and Hans-Rudolf M., considering that as shareholders and members of the board of directors, they could influence the company's decisions and were therefore excluded from the right to benefits under Art. 42 para. 3 in conjunction with Art. 31 para. 3 let. c UIA. The insurance court of the canton of Bern upheld their appeal, applying the case law on the former Art. 31 para. 1 let. c RTAO. The State Secretariat for Economic Affairs then appealed against this decision.Considerations
The Federal Tribunal considers that the clear wording of Art. 31 para. 3 let. c UIA, which precisely defines the persons excluded from the right to compensation in the event of short-time work, leaves no room for an interpretation different from the text of the law. Contrary to the case law on the former law, the persons covered by this provision are completely excluded from the right to benefits, without the possibility of granting them compensation under certain conditions.
Sinc…