The Legal 500

The employment law in Switzerland is mainly based upon the following sources, set out in order of their priority:

by Ueli Sommer, Dr. iur., LL.M., Partner, Walder Wyss Ltd

Many UK firms accept projects in Switzerland and have to send their employees to Switzerland in order to fulfil their contractual obligations. However, due to the fact that Switzerland is not part of the EU, working in Switzerland – even for short periods – is subject to some restrictions and formalities. Furthermore, the applicable regulations may have an impact on the pricing which any UK firm tendering for a project in Switzerland should be aware of.

EMPLOYEE SHARE PLANS LABOUR AND EMPLOYEE BENEFITS VOL 2

Switzerland
Ueli Sommer and Tina Shih-Thurnheer
Walder Wyss Ltd

Der Bundesrat hat am 27.November 2009 die Revision der Verordnung 2 zum Arbeitsgesetz vom 10.Mai 2000 (ArGV 2) beschlossen. Neu geregelt werden im Gesundheitswesen die zulässige Anzahl aufeinanderfolgender Arbeitstage,die Nachtarbeit und der Pikettdienst. Die Änderungen treten am 1. Januar 2010 in Kraft. Die für den Arbeitgeber günstigeren Bedingungen hinsichtlich der Verlängerung der Arbeitswoche und der Nachtarbeit müssen jedoch in den Anstellungsbedingungen konkretisiert werden, damit sieWirkung entfalten können und Kostensparpotential ausgenutzt werden kann.

In Svizzera, per chi vuole farsi assumere, oltre ai diplomi sono molto importanti gli attestati dei lavori precedenti. Il lavoratore può chiedere in qualsiasi momento al datore di lavoro un attestato che indichi la natura e la durata del rapporto di lavoro e si pronunci sulle prestazioni e sulla condotta del lavoratore. Vista l’importanza dell’attestato, il datore di lavoro lo deve scrivere in modo inappuntabile sia dal punto di vista formale che dal punto di vista del contenuto.

Country Q&A Switzerland: Labour and Employee Benefits 2008/09 Volume 2: Employee Share Plans

Outsourcing is expected to continue rising as companies attempt to restrueture Operation and reduce costs. But successful outsourcing depends on an exhaustive process, and it is vital that companies undertake vigorous due diligence of any potential Service Providers before entering into a binding agreement. This need has been accentuated by scandals such as the one involving Satyam in India - a populär outsourcing destination - which means that the industry now needs to restore confidence in the market.

March 2009

Data protection is a very hot issue, especially among employees. They expect an attractive employer to treat sensitive data with the utmost care. By contrast, large international groups are often criticised by consumer organisations for their handling of sensitive data. Consequently, an employer may enhance its attractiveness by ‘selling’ its full or even overcompliance with the applicable data protection laws.

The second set of amendments to the Swiss Federal Act on Professional Old-Age, Survivor, and Disability Pension Plans (BVG), containing the most important changes, took effect on January 1, 2005. The transparency provisions entered into force on April 1, 2004. The most important tax-related changes will become effective on January 1, 2006. There are new rules on voluntary buyins to close gaps in coverage, and an absolute cap is imposed on the amount of wages eligible for coverage. Here is an overview of the new provisions relative to professional pension plans:

On June 1, 2004 the transitional provisions of the Freedom of Movement Agreement between Switzerland and the European Union entered into the second phase. Henceforth the same rules will apply between Switzerland and EFTA. As of June 1, 2004 Swiss citizens have open access to the labor market of the 15 original EU countries as well as that of EFTA member states Norway, Iceland, and the Principality of Liechtenstein. On the other hand, EU and EFTA citizens looking to work in Switzerland must still, in certain cases, obtain work and residence permits. The procedure and requirements have, however, been greatly simplified. Flanking measures have been implemented with the intention of preventing wage and social services dumping.