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.
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.
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.
The Zurich Higher Court ruled that the removal of the non-competition clause due to termination by the employer also removes the obligation to pay compensation for the non-competition clause.
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.
In decision 4A_416/2019, the Swiss Federal Supreme Court had the opportunity to comment fundamentally on the question of the claimant’s obligation to participate in the conciliation hearing. The Swiss Federal Supreme Court has now decided that the claimant must participate in the conciliation hearing even if the defendant has already announced that she will not participate in the hearing. In...
The motivation for the revision of the statute of limitations was the unsatisfactory situation in connection with asbestos victims and the general European criticism regarding the short statutes of limitations in Switzerland. After more than a decade of discussions and negotiations, the new statute of limitation came into effect on 1 January 2020. This law contains significant practical changes, particularly...