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Rihm Rechtsanwälte | Switzerland | 29 Jan 2020

Employers' duty of care

The counterpart to employees' duty of loyalty is employers' duty of care. This requires employers to protect and care for their employees and refrain from doing anything that could conflict with employees' legitimate interests. Employers' duty of care is unregulated by law. However, it encompasses numerous aspects that have been incorporated into the Code of Obligations and other laws,......
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Rihm Rechtsanwälte | Switzerland | 18 Dec 2019

Presenteeism in Switzerland's world of work

Presenteeism is the practice whereby employees work even though they are ill and should be taking care of themselves. It can be driven by the state of their working environment, particularly if superiors have excessive performance expectations. Presenteeism arguably negatively affects the sick employee, their co-workers, the employer and the company as a whole. Employers should be aware of......
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Rihm Rechtsanwälte | Switzerland | 11 Dec 2019

Salary insurance for employee illness

If employees become ill through no fault of their own and are therefore unable to work, they are still entitled to a wage. Employers' obligation to continue to pay wages is governed by Article 324a of the Code of Obligations. Employers may release themselves from this obligation if they offer employees health insurance for a daily allowance. The Federal Supreme Court has formulated the......
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Rihm Rechtsanwälte | Switzerland | 7 Feb 2018

US companies bring care leave to Switzerland

Under Swiss employment law, employees are entitled to only three fully paid care days for an ill child; there is no regulation for parents, siblings or partners. Switzerland is not as generous as other countries regarding care leave, although some Swiss companies offer staff spontaneous and pragmatic solutions to family emergencies. However, US companies in Switzerland, such as Google and......
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Rihm Rechtsanwälte | Switzerland | 20 Dec 2017

Unfair dismissal claim denied following use of false medical certificate

A pilot was immediately terminated by his employer after lying about his absence from work using a false medical certificate. The Bulach District Court and the Supreme Court both rejected the pilot's claim of unfair dismissal, holding that his actions were not only morally disturbing, but also seriously violated the contractual obligation of fiduciary duty. The pilot has requested additional......
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Rihm Rechtsanwälte | Switzerland | 13 Dec 2017

Taxi drivers with central headquarters considered employees for social security purposes

The Federal Supreme Court recently held that independent taxi drivers affiliated with a central headquarters are to be considered employees. Until this decision, taxi drivers connected to their headquarters by follow-up contracts only were considered self-employed. The decision means that drivers will be much better protected in future, although prices will rise for consumers as a result.
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Rihm Rechtsanwälte | Switzerland | 16 Aug 2017

Rules tightened on intragroup staff leasing

The State Secretariat for Economic Affairs (SECO) recently issued guidelines focusing on intragroup staff transfers, which often require governmental authorisation based on proven professional qualification and the provision of financial security. According to the SECO, intragroup staff leasing is permissible without a governmental licence only if it is time restricted and occurs......
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Rihm Rechtsanwälte | Switzerland | 2 Aug 2017

Immediate termination notice in dismissals with cause: how immediate is immediate?

The termination of an employee with cause and without observing a notice period must meet various conditions under Swiss employment law. When an employer obtains reasonably secure and complete knowledge of the grounds for dismissal, it must decide whether to use the right to terminate the employment contract immediately. A consideration period of up to three working days is generally......
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Rihm Rechtsanwälte | Switzerland | 26 Jul 2017

How do relocation clauses work in Switzerland?

The place where an employee will perform his or her work is an important yet often overlooked component of employment contracts. Overlooking present and potential work locations of employees could be problematic if a dispute arises since the place of work at the time of a dispute often determines the judicial forum and the applicable employment law.
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Rihm Rechtsanwälte | Switzerland | 5 Jul 2017

Supreme Court rules on bonus forfeiture clauses

A high-ranking Geneva bank manager was dismissed in November 2015 following an internal money-laundering investigation. The Canton of Geneva Upper Employment Court awarded the bank manager a damages payment for abusive dismissal, bonuses for 2012 and 2013 and a damages compensation payment for forfeited blocked shares. The Federal Supreme Court held that there had been no abusive dismissal......
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