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 […]
Protection of employees close to retirement
At the same time as the introduction of paternity leave and the introduction of the federal law on improving the reconciliation of work and care for relatives, 2021 also sees the introduction of a new Article 47a BVG, which aims to strengthen the protection of employees close to retirement. Since January 1st, 2021, and the […]
Equal pay for men and women
Since 1 July 2020 and the amendment of the Federal Gender Equality Act (GEA), companies with more than 100 employees must carry out an internal equal pay analysis and have one year to do so. It is not certain that all employers concerned are aware of this new obligation! On 1 July 2020, an amendment […]
COVID-19 and employers: data protection rights and duties
The phased deconfinement that we are experiencing does not mean that the COVID-19 pandemic has disappeared. We are all aware that a second wave cannot yet be ruled out and that it must be avoided at all costs. In this context, the question arises as to what measures employers can, respectively should and should not […]
Coronavirus and labour law: what are the rights and obligations of employees and employers?
In recent weeks, the coronavirus has been at the heart of current events and concerns. Many questions arise, particularly from the point of view of labour law and the obligations of employees and employers in Switzerland. Many answers, sometimes different, have already been given by speakers from all sides. Here are the recommendations of WILHELM […]
What is the validity of a gift voucher issued for a limited period of time?
More and more often, we buy gift vouchers, to offer to our loved ones or to benefit from a promotional offer found on the Internet. Sites offering weekends in the mountains and dinners in gourmet restaurants at discounted prices are growing in number and competing with each other. The only problem is that these gift […]
The social plan: when must it be negotiated and what must it contain?
Since 1 January 2014, the Swiss Code of Obligations (CO) has required Swiss employers to “hold negotiations with the employees with the aim of preparing a social plan”, in the event of mass redundancies, but only in certain situations. The social plan is defined in the CO as “an agreement in which an employer and […]