Following a decision by the Federal Supreme Court and the Federal Council, companies that have deducted compensation in the event of short-time working (STW) for employees paid on a monthly basis can file a request for a review of their entitlements for the years 2020 and 2021. Our partner CJE, Avocats, Conseillers d’entreprise reminds you that you have until the end of October 2022 to file your requests
The Federal Supreme Court, in its judgment of 17 November 2021, affirms that the salary share for holidays and public holidays must be taken into account when calculating the compensation in the event of RWT in the summary statement procedure for employees paid monthly. Following this Federal Supreme Court’s judgment, the Federal Council has decided that companies can request retroactive payments concerning holiday pay and public holidays’ compensation in the event of STW for the years 2020 and 2021.
Employees paid on a monthly basis
Companies can therefore claim a share of salary on holidays and public holidays for employees paid on a monthly basis (respectively 8.3% and 10.6% for 4 and 5 weeks holiday, as well as approximately 3% for public holidays, i.e. an increase of more than 10% in the amount of allowances).
Procedure & deadline
The companies concerned should have been informed at the beginning of July by SECO on how to submit a request in practice and on the information to be provided. They must file their claim using the eService on the travail.swiss portal. The deadline for filing full request has been extended and they must now be filed by 31 December 2022. After this time, they will no longer be examined.
SECO offers an information service on retroactive compensation payments in the event of STW, including a contact form and a telephone line.
The information is available on the travail.swiss website, “Retroactive payments” page.
This content was written by the firm CJE, Avocats, Conseillers d’Entreprises.