Federal Supreme Court ruling – self-employed Bernese doctor does not receive any Covid compensation

Federal Supreme Court ruling – self-employed Bernese doctor does not receive any Covid compensation
Federal Supreme Court ruling – self-employed Bernese doctor does not receive any Covid compensation

Self-employed Bernese doctor does not receive any Covid compensation

The federal court has ruled that a doctor is not entitled to a corona-related income replacement, partly because of the level of her income.

Posted today at 12:23 pm

A self-employed doctor has been denied by the federal court with her request for corona-related income compensation for the period from March 17 to April 27, 2020. The then valid Covid-19 regulation for loss of earnings excludes compensation.

In a judgment published on Thursday, the Federal Supreme Court stated that the Federal Council stipulated two categories of beneficiaries in the ordinance on loss of earnings applicable from March 17 to September 16, 2020. These are directly affected self-employed people who have had to stop their gainful employment because of ordered company closures or event bans.

For self-employed persons who are indirectly affected, compensation was also provided in the sense of a hardship rule if these persons had suffered a loss of income. However, this group was limited to those people whose earned income subject to AHV in 2019 was between CHF 10,000 and CHF 90,000.

Too high an income

In the specific case, the Bern doctor was one of those indirectly affected. However, because she had earned an income of 165,000 francs in 2019, the responsible compensation office rejected her application for compensation.

Contrary to the opinion of those affected, the Federal Council’s ordinance was not incomplete, writes the Federal Supreme Court. The regulation is final. The Federal Council deliberately did not provide for comprehensive coverage of all the required compensation with A-fonds-perdu contributions.

This was done with “a view to ensuring the financial sustainability of the state budget”. In the case of high-income self-employed persons who are indirectly affected, it can be assumed that even a temporary loss of earnings does not endanger their existence, the court writes.

Bridging credit

Even if this were not the case, they could have taken out a bridging loan. This would not jeopardize the long-term existence of those indirectly affected, because the repayment of the state emergency aid after the pandemic would be economically reasonable for them.

In her complaint, the doctor criticized the fact that the upper income limit of 90,000 francs had been arbitrarily set. The Federal Supreme Court agrees with the lower instance that this limit is above the median of gross wages in Switzerland of almost 80,000 francs and has therefore been determined according to objective criteria.

SDA / ps

Posted today at 12:23 pm

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