Beware of non-payment of social insurance contributions!
In a previous article of April 2022, the undersigned author warned individuals representing a company that is an employer against the company’s non-payment of employees’ social security contributions. Indeed, according to the LAVS, in the event of non-payment of social security contributions, if the employer is a legal entity, its directors, as well as all […]
Can the letter of termination and the letter explaining the reasons for the termination be a forgery of title?
A Decision of the Federal Court of 26 November 2024 (ATF 6B_1315/2023, 6B_1318/2023) concerning a somewhat ‘anecdotal’ case involving the public service provides an opportunity to give a brief review about the letter of termination and the letter explaining the reasons for the termination, and above all to answer the following question: Can these letters […]
WORKATION: what is it? and what does Swiss law say?
With the festive season approaching, some employees may be tempted by the ‘workation’. But what does this mean? Is it regulated under Swiss law, and how? The term ‘Workation’ is a contraction of ‘Work’ and ‘Vacation’. The principle of ‘Workation’ is to work, not in the office or at home (this is known as ‘Home-office’ […]
Unlawful occupation of a building and simplifying action against unlawful occupation: the next battle?
In the run-up to the vote on 24 November 2024, the newspapers are already announcing ‘The next battle on the housing front’[1]. But what is this next battle? The two issues concerning tenancy law put to the vote on 24 November have already been the subject of previous articles by the undersigned, who does not […]
PORTAGE SALARIAL vs PAYROLLING vs HIRING SERVICES
The ‘portage salarial’ model, which originated in neighbouring France, is increasingly being offered in Switzerland. Can this model be transposed unchanged to Switzerland? Can it be likened to ‘payrolling’ or ‘service leasing’? This article answers these questions. In France, the “portage salarial” model first appeared in the late 1970s. Since 2008, it has been expressly […]
Reduced working hours (RHT) before and after Covid
A few weeks ago, the Federal Council has decided to increase the maximum duration of compensation for reduced working hours from 12 to 18 months. This decision is an opportunity to remember that while RHT, or reduced working hours, was much in the news during the Covid pandemic, it already existed before Covid. Swiss companies […]
Garden leave or no garden leave?
When an employer decides to make an employee redundant, the question often arises of whether or not the employee should be released from the obligation to work, or what the English-speaking world calls ‘garden-leave’. In some sectors (particularly banking and finance), garden leave has become the rule in Switzerland. Garden-leave is also increasingly the subject […]
The internship or traineeship contract: should it be paid or not?
As the end of the school and university year approaches, many people are looking for summer internship or internship lasting several months to gain knowledge and experience. But what is the status of these internship and of the internship contract from the point of view of employment law? Should they be paid or not? A […]
Federal Court ruling of 30 August 2023 on the closure of companies during the COVID-19 pandemic and employer’s liability: legal value of SECO recommendations, directives and FAQs.
The Federal Court’s ruling of 30 August 2023 (4A_53/2023) has already caused a stir and has been the subject of numerous comments by Swiss authors and lawyers. In this ruling, the Federal Court defines for the first time the notion of economic risk to be borne by the employer. It considers that the company closures […]
SUBLETTING VERSUS ACCOMMODATION FOR RELATIVES OR FRIENDS
La question de la sous-location fait de plus en plus parler d’elle. Elle a fait l’objet de discussions des chambres et l’Assemblée fédérale a adopté, le 29 septembre 2023, une modification de l’article 262 du Code des Obligations (CO) concernant la sous-location. Elle est de plus en plus fréquente en Suisse et notamment dans les […]