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.
You are welcome to read our article in the magazine Fokus Rechtsguide 2020 on post-contractual non-competition clauses.
In an officially published decision, the Federal Supreme Court has confirmed that the cantons can decide on the requirements for home schooling as long as this ensures that there is sufficient primary education. No entitlement to home schooling can be derived from the Federal Constitution. The complainant therefore failed with her request. In the light of this current case law, the regulations on home schooling in the Canton of Zug appear to be in conformity with the Constitution.
At its meeting on Wednesday, 26 February 2020, the Federal Council took note of the results of the consultation on the revision of the Code of Civil Procedure (CCP) and released the dispatch for the parliament. This was triggered by a motion submitted in November 2014, which demanded that the existing CCP be first examined for its suitability in practice and that the Federal Council then use the results to develop a draft with necessary adjustments. Purpose of this procedure was to adapt the CCP in a single draft and thus prevent it from being split into individual revision packages.
Reichlin Hess represented a client (employer) in the super provisional execution of a non-competition clause foreseen in an employment agreement. In a partial approval of the request, the employee was prohibited by the competent court from using documents of the former employer and from contacting its customers and suppliers. This result is pleasing for the client, as it allows its legitimate interests of confidentiality to be safeguarded.
Mobile forms of work are trendy. Both employees and employers benefit from the additional flexibility in work performance. Start-ups and large companies have recognized that the possibility of performing part of the work outside the company increases their attractiveness as an employer. Mobile working means mutual trust. The foundations for this should be laid down in an agreement. Read more about this in the current article from our employment law experts.
Today, the United Kingdom is leaving the EU after a long period of negotiations on its conditions. So, what is changing today? Our employment law experts will answer the most urgent questions from a Swiss perspective.
In this article, our Swiss employment law specialists answer the most important questions on the subject of vacation.
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).
A successful defense of our client against two appeals from different bidders in a tender procedure in the Canton of Berne.
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.
Unlike Hamlet's agonizing question, the question of the arbitration agreement is of much less importance. Nevertheless, this question regularly leads to heated discussions during contract negotiations and can be of great importance for the parties.
Reichlin Hess AG has successfully completed the closing of a Swiss branch with more than 80 employees of a leading…