Denise Brügger

From July 1, 2020, companies with more than 100 employees must carry out wage equality analyses, for the first time until June 30, 2021

In its ruling of 18 November 2019 (4A_268/2018), the federal supreme court essentially supported the decision of the commercial court of the Canton of Zurich of 16 March 2018 (ruling HG130073) [The Financial Responsibilities of the Board of Directors in the Group] in a ruling in the causa Swissair.

On 1 November 2019, the Swiss State Secretariat for Economic Affairs SECO has published its report regarding the status of the implementation of the new duty to notify open positions to the Swiss Regional Employment Centres (REC).

In view of the draconian sanctions currently in force under company law (and possibly soon to come into force under criminal law), it is advisable for everyone to check carefully whether they trigger reporting obligations under company law when acquiring shares. On 20 March 2019, the Swiss National Council waved through the envisaged changes in criminal law; now it is the Council of States‘ turn.

On 1 July 2018, the duty for employers to report their open positions came into force. The obligation to report open positions implements the mass immigration initiative adopted by the Swiss electorate four years ago. The obligation to report open positions essentially obliges employers, firstly, to report vacancies to the competent regional job centre (RAV) if unemployment in the relevant occupation exceeds a threshold value.

According to a further decision of the commercial court of the canton of Zurich in the Swissair case, the centralized management of the financing of a group of companies does not constitute a breach of the non-transferable and inalienable financial responsibilities of the board of directors of the controlled company.