Since 1 January 2021, fathers in Switzerland have the right to two weeks of paternity leave. This change gives new fathers a chance to take some valuable time off to settle into their new role and support their families. Paternity leave raises various considerations for employers and employees, the most important of which are discussed below.
Digital technology has long been a topic of discussion for most people. Accordingly, deceased persons are increasingly leaving an estate in digital form. For surviving relatives, it is almost impossible to track down the data of a deceased person on the internet and gain access to his or her digital estate. For this reason, everyone should take precautions regarding their digital estate during their lifetime. This article provides an overview of the necessary and sensible measures.
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.
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.
Due to the Coronavirus situation the tax authorities of the Canton of Zug have taken various measures to support the taxpayers. For individuals, the deadlines to submit the tax return or the application for a tax rate correction (for taxpayers taxed at source) have been postponed to June 30, 2020. The deadlines for individuals and companies to pay taxes have...