Older workers in Switzerland and protection against dismissal

A decision of the Swiss Federal Supreme Court rendered on 15 May 2023 (4A_117/2023) provides an opportunity to revisit the issue of the protection of older workers against dismissal under Swiss law. This issue has been the subject of a number of court decisions, which might suggest that it is no longer possible to dismiss […]

HOLIDAY PAY: A REAL HEADACHE FOR EMPLOYERS?

As the summer holidays approach, it is worth considering the issue of holidays and especially holidaypay, which can be a real headache for employers and HR managers. According to Article 329d paragraph 1 CO, “the employer shall pay the employee the full salary for theholidays and a fair indemnity to compensate for the salary in […]

The recent newspaper articles mentioning that many apprentices “drop out during their apprenticeship” and “break” their contract before the end of the term are an opportunity to come back to this particular employment contract in Swiss law and to give a brief reminder to both employers and apprentices.

The apprenticeship contract has the particularity of being governed by both private and public law provisions. As regards public law provisions, at federal level, the apprenticeship contract is governed by the Federal Law on Vocational Training (LFPR) and its implementing ordinance (OFPr) The LFPR recalls that “vocational training is the joint task of the Confederation, […]

FORUM, JURISDICTION OF THE COURTS AND TELEWORK

A decision of the Federal Court of March 22, 2022 (ATF 4A_548/2021) is an opportunity to remind that the place of jurisdiction in matters of labor law, i.e. the place where the employee may file a claim against his employer (and vice versa), is not necessarily the place mentioned in the employment contract or the […]

The non-competition clause – When does it end?

A recent decision of the Federal Court provides an opportunity to review the non-competition clause in an employment contract and the cases in which it ceases (TF 4A_109/2021). The principles governing the non-competition clause in an employment contract are set out in Articles 340 et seq. of the Swiss Code of Obligations (CO). According to […]

Telework of border workers is back in the news

The teleworking of frontier workers is once again in the news. The following headlines have appeared in the press: “Telework by frontier workers could play a dirty trick on employers” or “Frontier telework: agreement or deadlock” (www.24heures.ch). In addition, a “cross-border telework guide” has just been published by the FER and the French-speaking economic organisations. […]

The variable geometry medical certificate is still being talked about

In a previous article, the undersigned addressed the issue of incapacity for work limited to the workplace, which is a real headache for the employer but also for the employee. This incapacity is again the subject of a Federal Court Decision of 12 April 2021. This decision (which has already been commented on, in particular […]

Requiring employees to be vaccinated? A false good idea

“Can I ask my employees to confirm that they have been vaccinated and keep track of their statements for follow-up?“ I. The response in principle It can be tempting to ask employees such a question. After all, isn’t the employer obliged to ensure the protection of his employees in accordance with art. 328 CO? As […]