Non-competition clauses in employment agreements

In its landmark decision 5V 20 396 (LGVE 2021 III No. 2), the Cantonal Court of Lucerne ruled on the non-inclusion of holiday and public holiday entitlements in the assessment of short-time work (STW) benefits in the summary procedure introduced due to the Covid 19 pandemic for employees on monthly wages.

The Swiss Federal Tax Administration (SFTA) has published the list of exchange rates of foreign currencies and cryptocurrencies as per December 31, 2020. The exchange rates are used to determine the tax values of foreign currencies and cryptocurrencies in CHF which individuals have to declare in their private tax declarations for net wealth tax purposes.

At its meeting on October 14, 2020, the Federal Council decided not to extend the temporary measures to prevent corona-related bankruptcies. The measures of the Covid-19 Ordinance on Insolvency Law of April 16, 2020 were limited to six months and continue to apply until October 19, 2020. For legal entities and their responsible persons that are subject to a legal obligation to notify in the event of capital loss and over-indebtedness, this also means a return to the regular legal obligations to notify in the event of capital loss and over-indebtedness.

With this decision, the Federal Supreme Court clarified the question whether an unsuccessful proceeding for setting aside the objection also justifies the non-disclosure of debt collection to third parties based on Art. 8 para. 3 lit. d of the Swiss Debt Enforcement and Bankruptcy Act. The Federal Supreme Court denies this. Even after an unsuccessful application for the objection to be set aside, the debt enforcement request would still be disclosed to third parties. If the (alleged) debtor nevertheless wishes to prevent disclosure of the debt collection to third parties, he can and must take action himself and bring an action against the (alleged) creditor for cancellation of the debt collection request or demonstration of non-existence of the claim.

In these extraordinary COVID-19 times, many people are forced to deal with illness or even death. Accordingly, precaution seems more important than ever and the question of what happens or should happen to one's assets in the event of death is omnipresent. Certain legal precautions can be taken in such cases to safeguard one's will as comprehensively as possible. The following article provides an overview of the legal possibilities.

Legal entities and partnerships ceasing their business activities should be formally liquidated sooner or later. The required proceedings and tax consequences in Switzerland are summarised in this newsletter.

In the case of a self-employed mother the Swiss Federal Supreme Court rejects an operating allowance similar to the one paid to women and men in service. This unequal treatment is due to physical differences between men and women and is therefore not discriminating. In the opinion of the Swiss Federal Supreme Court, the legislator must take action and enact the legal basis to pay an operating allowance to self-employed mothers as well.