Updates on short-time working compensation and social insurance
Under a ruling by the Federal Supreme Court of November 17, 2021, companies which settled short-time working compensation (KAE) under the expedited procedure in 2020 and 2021 can apply for supplementary payments on elements of monthly salary for vacation and public holiday entitlements. The entitlement had to be filed with SECO between July 7 and October 31, 2022. SECO has now extended this deadline through December 31, 2022.
Applications can be submitted electronically on “arbeit.Swiss” and must contain detailed calculations (information on individual vacation and public holiday entitlements for each employee and a breakdown of employees into those on a monthly salary and those on an hourly rate) for each calculation period. The link below will take you to the online portal: https://www.job-room.ch/home/company.
Any other Covid-19 support money received must be taken into account before submitting an application. Support money was intended to cover uncovered costs up to a certain maximum amount. These supplementary KAE payments reduce the uncovered costs, and depending on the individual case may results in support money and compensation being reclaimed or offset.
Companies can generally claim KAE for eligible working time lost, provided the conditions for entitlement under the Unemployment Insurance Act are met. This applies to working time lost as a result of massively increased energy prices or in the event of a shortage of energy when official action is taken.
KAE in connection with massively increased energy prices:
If an application is made for short-time working in connection with increased energy prices, this fact on its own is insufficient.
The official body will also review the following three dimensions:
These points are not examined in isolation, but put in the overall context of the company. Simply reducing production voluntarily or for reasons of profitability does not constitute acceptable grounds.
If your company is being hit hard by energy prices, we recommend working through the questions above in detail so you are able to submit sufficiently strong grounds to the authority.
KAE in connection with a shortage of energy when official action is taken.
This is a much simpler situation and the only requirement is that production has to be cut due to official action, e.g. rationing.
The relevant authorities will provide information about the possibility of claiming KAE at the appropriate time if this occurs.
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