- Law Office Zurich
- Labour Law and Unemployment Insurance Law
As of January 1, 2017 Art. 3 UVG of the mandatory swiss accident insurance law will be changed. The insurance starts as of the begin of the labour agreement (not as of the effective commencement of work). It ends on the 31st day (not 30th day) after the day on which the right to half of the salary ended.
The Federal Supreme Court had to decide whether an employee with a very high fix salary has a right to receive a bonus in spite of the fact that according to the employment agreement all bonus payments are discretionary. The court declined this as the fix salary and the bonus payments together would exceed the sum of the fivefold Swiss median salary. Relevant were all payments received in one year (BGE 142 III 381 vom 14.4.2016).
The court of the canton Geneva decided that Credit Suisse is not allowed to deliver the data of an assistant working at Credit Suisse to the US tax authorities. On the one hand, the court considered that the USA do not have adequate data protection laws, on the other hand that Credit Suisse was not able to demonstrate a public interest in delivering the data (KGer GE ACJC/1529/2015; C/1271/2013 vom 11.12.2015).
The provisions regarding the obligations of employers to keep records of the working time of their employees has changed as of 1st January 2016 (new Art. 73a and 73b ArGV1). If the salary including bonus exceeds CHF 120'000.- and the employee is free to dispose of 50% of his working time, there is no duty to record the working time, provided this waiver if settled in a collective and individual agreement. Employees who dispose of 25% of their working time do need to keep records of the total sum of the daily working time, only (without breaks). This facilitation does not need a collective agreement (GAV) but agreements with the employees. However, the employee is still free to record the working time on his own.
The District Court of Horgen decided in favour of a bank employee in a case about data protection with regard to the US-Program for Swiss Banks. According to the judgement, the bank is not allowed to hand over data of an Assistant Vice President to the US-authorities (BezGer Horgen CG140026-F). The decision would probably have been diffrent, if the heavily disputed "Lex USA" had entered into force.
In Switzerland, an employer neither needs a specific ground to terminate an employment Agreement, nor is he obligated to discuss the planned termination with the employee before. However, according to a new judgment of the Federal Court, there indeed may be such an obligation in case where the employee has been employed by the company for a very long time, such as more than ten years (BGer 4A_384/2014).
Before your firm creates and launches a brand you should take a minute to ask the following questions: 1. Can you afford to chance your brand if the use of it will be forbidden by a third party having better rights? 2. Can you live with the risk that your competitors may use a similar brand? If one answer is "no", check your brand legally and have it registered first.
The Federal High Court qualifies the regular teaching activity of a computer specialist as a labour Agreement, not as a Consultant Agreement, in spite the fact that this specialist was entered as individual enterprise in the commercial register and he has worked out the teaching material on his own (Judgement of the High Court 4A_139/2011 vom 16.7.2012). The same could apply to so-called free lancers.
On 1 Juli 2012, the new art. 8 UWG (law against unfair competiton) has entered into force .
On 1 April 2012, the revised law against unfair competition (UWG) has entered into force (except article 8), see UWG.