Swiss law contains no provision defining and addressing specifically bonuses. According to its characteristics, a bonus will be considered either as a gratification (art. 322d CO) or as part of the salary of the employee (art. 322 CO). The distinction between gratification and salary is crucial in Swiss employment law as the rules governing gratifications […]
Legal principles governing non-competition clauses Conditions According to art. 340 I CO, an employee with capacity to act may give the employer a written undertaking to refrain from engaging in any activity that competes with the employer once the employment relationship has ended and in particular to refrain from running a rival business for his […]
Following the acceptance of the initiative “Against Mass Immigration” (February 2014), the Swiss Parliament adopted the revision of the law on Foreigners and Integration (LEI), mainly aiming at implementing these newly adopted political policies. The priority process aims to give an advantage to domestic job seekers registered at a regional employment agency and therefore reduce […]
International commercial contracts governed by Swiss law As a general rule, parties to international contracts are free to choose the law governing their contract. Swiss law also provides that contracts are governed by the law chosen by the parties. In practice, particularly in the context of international arbitration, Swiss law is one of the most […]
If I fall ill, will my employer pay my salary? Yes, as a general rule, your employer must continue to pay your salary under Swiss law. However, the applicable rules depend on whether your employer contracted or not a daily allowance insurance in the event of earning incapacity and loss of earnings. Pay then special […]
In the context of the global pandemic, many companies try to avoid bankruptcy by reducing their costs, among which the salaries of employees. Before unilaterally deciding on salary cuts, be aware that Swiss law imposes mandatory rules in favor of the employee when amendments of the employment relationship disadvantage the latter (for instance: salary reduction, […]
The Swiss immigration system is one of the most severe in the world for any non-European citizen planning to move to Switzerland. Following the 2006 voting initiative by the Swiss Conservative party, “Against mass immigration”, the federal law was modified, tightening and restricting conditions for obtaining a Swiss residency permit and Swiss citizenship. These modifications […]
Planning to move to the canton of Valais and apply for a B/L permit in Verbier? There are a few things you need to consider beforehand. Apply for the right Swiss permit Upon arrival, any foreigner must announce himself/herself to the commune within 14 days and apply for the appropriate residency permit, where the procedures […]
In the event of a separation of a married couple, a spouse may ask the judge to rule on the question of the principle and the amount of a maintenance contribution to be paid by the other spouse after having moved out. Nicolas MOSSAZ presents seven principles applied by Swiss Courts when ruling on such […]
Offering a legally, politically and economically stable framework, Switzerland an attractive place for foreigners to launch a fruitful business. Its geographical location, in the very middle of the EU and its strong economy reinforce this position. Regarding the legal framework, launching a business in Switzerland is relatively easy and accessible for Permit C holders (ie. […]
Obtaining the Swiss citizenship
Categories
What changes under the new law? In June 2014, the Swiss Parliament modified the law regarding the conditions to obtain the Swiss citizenship. This change reflects the Parliament’s wish to facilitate the obtention of the Swiss citizenship to foreign residents who are well integrated in Switzerland. Currently, there are between 30’000 and 40’000 individuals obtaining […]
The quotas for work permits attributed to non-European citizens in 2017 have been now established by the Federal Council. Bern decided that Switzerland must be able to recruit high skilled workers from countries not necessarily part of the EU/EFTA to sustain the economic market and remain in accordance with the agreement on the free movement […]