When can Form 1139 be submitted?
Short-time work compensation
SECO is aware of the decision of the Cantonal Court of Lucerne on February 26, 2021, according to which, contrary to current practice, holidays and public holidays are to be taken into account when calculating short-time work compensation (KAE) in the summary accounting procedure (link to the judgment). SECO does not share this position and will appeal against it in cooperation with the relevant unemployment insurance fund. Accordingly, the Lucerne decision is not yet legally binding and the companies are asked not to submit any corresponding applications.
Until the legal situation in this question has been finally clarified, the current rules for calculating the KAE for employees on monthly wages will remain unchanged, i.e. H. there is currently no corresponding entitlement to KAE for vacations and public holidays.
It corresponds to the usual procedure to bring about a clarification at the highest court level in the event of different interpretations of the legal basis by the Confederation and the cantons. Since the proceedings are still ongoing, SECO will not comment on this any further.
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