Facts
[A. AG] is a construction company headquartered in X./BE. It operates larger construction sites in the Canton of Valais, with durations ranging from two to six years. The Valais Family Allowance Fund for the Construction Industry (CAFIB) determined that the employees on construction sites in the Canton of Valais with a duration of more than twelve months must be subordinated to it. [A. AG] filed a complaint against this, requesting that it not be affiliated with CAFIB.Considerations
The Federal Supreme Court dismisses the complaint. According to Art. 12 para. 2 of the Federal Act on Family Allowances (FamZG), branch offices are subject to the family allowance regulations of the canton in which they are located. Art. 9 of the Family Allowance Ordinance (FamZV) defines branch offices as establishments and business premises where a commercial, industrial or commercial activity is carried out for an indefinite period. According to para. 502 of the Guidelines on the FamZG, construction and assembly sites with a duration of at least twelve months are considered such business premises.
The Federal Supreme Court considers this regulation to be in accordance with federal law. The legislator has consciously refrained from requiring employers to settle accounts…