Insights
How Can Foreign Citizens Work as Self-employed in Switzerland?
It is relatively straight forward for EU/EFTA citizens to work as self-employed in Switzerland. However, there are strict requirements for those originating from third countries. It should also be noted that in some circumstances, an employee of a company limited by shares (AG), or a limited liability company (GmbH) may be treated as self-employed.
Non-competition Clauses: Key Aspects in Company Law and Employment Law
In Switzerland, non-competition clauses play an important role in both company law and employment law. When drafting non-competition clauses the need to protect the business must be balanced with the economic freedoms of the individual. In particular, the legal restrictions imposed by employment law must also be considered.
Do Employers Have to Pay Wages During a Business Closure?
The basic principle is: no work, no pay. However, there are exceptions to this rule, in particular if employees are sick, or if the employer is responsible for the employee being unable to work. Things become complicated if work cannot be undertaken due to government measures.
When Does a Platform Operator Become an Employer?
The distinction between self-employment and employment under Swiss law is not always clear. Case law states that the circumstances of the specific situation will be determinative, which makes it important for service platform operators to consider the issue before building the platform.
Wrongful Termination - What Employers and Employees Need to Know
Under Swiss law, it is possible to terminate an employment contract for no specific reason. However, before ending an employment relationship with an employee, employers should ensure that the termination passes the wrongful termination test.
Overtime Compensation - Does it Apply to Senior Managers?
Whether employees are covered by labor law working time regulations depends upon factors such as what role they undertake and whether they make significant decisions for the company. This question may be particularly hard for smaller, growing companies to answer.
Terminating a Swiss Employment Contract - What You Need to Know
Even startups and growing companies sometimes need to dissolve an employment contract. However, before giving notice the party doing so should be clear exactly how and on what grounds an employment relationship can be terminated lawfully.
How Employees Can Share in a Startup’s Success
Commissions, revenue sharing, phantom shares, or employee shares? Deciding which form of success-based remuneration is most suitable depends upon several factors. Knowing the legal framework can help find the right model.
Social Security Court Holds that Uber-Drivers Are Employees
Platform and app operators like Uber typically see themselves as mere intermediaries between service providers and end customers. The criteria that must be met in order for service providers to qualify as self-employed for social security purposes were laid down in a recent judgment from the Zurich Social Security Court.
Four Questions Startups Have about how to Structure Employment Contracts
Flexible working models are in demand at startups and small companies. Whether the working relationship takes place within the scope of a traditional employment relationship or another service contract will have a number of legal consequences. The pros and cons of the various options should be carefully weighed.
More Paid Leave to Care for Children and Relatives
In 2021, care leave for employees in Switzerland is being extended in several different ways. Besides two-week paternity leave, they will be able to take additional paid leave days to care for sick relatives. As of July 1, 2021, parents of seriously ill children will also be entitled to up to 14 weeks of care leave.
Swiss Federal Supreme Court Says Uber Switzerland Does Not Have to Pay UberPop Drivers Retirement Benefits
The Federal Supreme Court has decided in the Uber case that Uber Switzerland GmbH does not have to pay social security contributions for the employees of a foreign group company. This provides greater legal certainty about employer status under social security law.
Bonus Pay in Switzerland - Discretionary or Not?
When an employment contract is terminated, disagreements about bonus payments may arise. A recent decision by the Federal Supreme Court better clarified under which circumstances bonus payments are subject to the employer’s discretion.
What Swiss Employment Law Says about Covid-19 Layoffs
Covid-19 is forcing many companies to lay off staff. Here are the key Swiss employment law regulations employers need to keep in mind when considering redundancies.