Short-time work: extension of the reference period to 18 months
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Due to the unforeseeable long-term consequences of the Corona crisis, the Federal Council has added the following article 57b to the ALV ordinance "The maximum duration of short-time working compensation will be extended by six accounting periods. And further under II: "This ordinance enters into force on 1 September 2020. Article 57b shall apply until December 31, 2021, after which the amendment shall lapse. According to the same amendment, employees must pay overtime worked in the last six or twelve months, depending on whether or not there is a time limit (Art. 46 para. 4 and 5). In addition, a waiting period of one day is again deducted (Art. 50 para. 2).
In addition, the Federal Council has decided that companies that have more than 85% loss of working hours can claim a loss of 85% loss from 1 September and for another four months.
With its Directive 2020/10 SECO reduced the maximum duration of approval from six to three months (see point 2.16 on page 15 of 25). At the same time, it decreed that all authorisations in force for more than three months on September 1, 2020 would have expired on 31 August 2020 and would have to be submitted in the regular - much more complex - procedure. Authorizations that have not been in force for three months on 1 September (example: application submitted at the beginning of May and approved for six months, until the end of October) will be reduced to a total of three months by this date. In the example, this means that despite the approval by the end of October, a new application must be submitted in the regular procedure by September 1, 2020.
The Federal Council has now called SECO back in this respect. At the press conference on 12 August, Federal Councilor Guy Parmelin said literally: "The simplified procedure for short-time working will not end on 31 August 2020, as announced, but only at the end of December 2020".
Some cantons - e.g. Basel-Stadt - had already taken this up and informed the companies that had applied for short-time working because of Corona accordingly. They must now back out.
A new directive to replace SECO Directive 2020/10 does not yet exist.
Despite everything, they must now register for short-time work compensation in advance by 22.8.2020. This can be done with the forms for the simplified procedure, which will run until 31.12.2020. At the same time, a waiting period of one day will apply for payment from 01.09.2020.
The only exception: if the permit is not yet in force for 3 months on August 31, 2020. Then the re-registation will be at the point in time when these 3 months are over. This is in contrast to the SECO Directive 2020/10, which stipulates that the forms must be used for the normal case, and even when the KAST of your canton has already become active on the basis of the aforementioned SECO Directive 2020/10 and has requested your company to make a new advance registration for September 2020 using the forms for the normal case.
Should the simplified COVID-19 procedure really expire by the end of 2020, we will inform you of the changes in good time. At the same time, we will provide you with the necessary information on how to proceed in order to return to the normal procedure with as little effort as possible.
SECO has announced that it should be possible to pre-register online and directly at www.arbeit.swiss by August 19, 2020. However, you can of course also submit it by post or by e-mail to the cantonal unemployment insurance office (KAST) responsible for your company. In the case of e-mails, it is advisable to activate the delivery and read confirmation to ensure that KAST has received your e-mail.
Addresses of the employment offices in charge
https://www.arbeit.swiss/secoalv/de/home/menue/institutionen-medien/links.html
Old age insurance: Obligation to contribute on short-time work and bad weather compensation
www.caminada.com/de/blog/beitragspflicht_auf_kurzarbeitsentschaedigung_2.11_id_176210.pdf
Caminada Blogpost - Short-time work: what you as an employer must know (from March 18, 2020)
https://www.caminada.com/de/blog/kurzarbeit-das-muessen-sie-als-arbeitgeber-wissen
Do you need help in filling out the application forms or do you have specific questions about short-time work? Then get in touch with us in Zug or Lucerne or with our expert Andreas Okle. We will support you fast and straightforward.
