Key legal question
Whether a previous seasonal quota allocation gives rise to a right to the same allocation in the following quota period.
Extracted holding
No. Seasonal quota allocations depend on the current quota situation and the employer’s actual staffing need; a prior-period allocation does not create an enforceable entitlement to the same number of seasonal quota units.
Extracted reasoning
Under Art. 12 ff. BVO, cantons may grant seasonal permits only within the annual maximum fixed by the Federal Council. Because this quota is periodically reset according to economic conditions, the cantonal labour office must reassess the business allocation regularly and may base the decision on the order backlog as an indicator of actual personnel needs.