ArticleSwiss Supreme Court Guides Anew On Interpretation Of Flawed Arbitration ClausesIn a decision of January 24, 2017, the Swiss Supreme Court rendered once more guidance on the interpretation of flawed arbitration clauses. SwitzerlandLitigation, Mediation & ArbitrationRihm Attorneys
ArticleTesting The Waters For Journalists' Flexible Compensation: The More Clicks, The More BonusOne of the leading media houses in Switzerland, the Tamedia Group, is testing since February of this year a new compensation model for part of its online journalists (about 30 for the time being).SwitzerlandMedia, Telecoms, IT, EntertainmentRihm Attorneys
ArticleSwiss Supreme Court Clarifies Illicit "Fishing Expeditions" In International Tax Assistance ProceduresOn July 23, 2015, the Dutch tax authorities filed with the Federal Tax Administration Agency in Switzerland a request for international tax assistance in order to identify prospective Dutch taxpayers through certain group criteria but w/o providing the specific names of those potential taxpayers.SwitzerlandTaxRihm Attorneys
ArticleNo Unfair Dismissal Of Airplane Pilot Who Reported Sick Whilst Travelling To Latin America For A HolidayA pilot had cheated on his absence from the work place with a false medical certificate whilst he and his fiancé travelled to the baptism of a nephew to South America. SwitzerlandEmployment and HRRihm Attorneys
ArticleFrench Tax Authorities Do Not Benefit From HSBC Customer Data Stolen In GenevaThe highest court in Switzerland now confirmed this latter view in a decision published last week.SwitzerlandTaxRihm Attorneys
Article"John, We Need You In Frankfurt Instead Of Zürich For A Couple Of Months" - How Do Dislocation Clauses Work In Switzerland?An employment agreement must define the main working conditions, amongst others the employee's job portfolio, his or her salary including any other financial incentives, the working hours, the treatment of overtime work, holidays etc.SwitzerlandEmployment and HRRihm Attorneys
ArticleImmediate Termination Notice In Lay-Offs With Cause: How Immediate Is Immediate?The termination of an employee with cause and without observing a notice period notice must meet various conditions under Swiss employment laws. SwitzerlandEmployment and HRRihm Attorneys
ArticleFair Wages – The Great Unspoken IssueIn Switzerland, it is still considered inappropriate to discuss wages. SwitzerlandEmployment and HRRihm Attorneys
ArticleSwitzerland's New Corporate Tax RegimeThe Swiss Parliament adopted on September 28, 2018, a new corporate tax regime to be applicable as per January 1, 2020. This legislation will be most probably subject to a nationwide popular referendum in spring 2019. SwitzerlandTaxRihm Attorneys
ArticlePresenteeism In Switzerland's World Of WorkPresenteeism is the practice whereby employees work even though they are ill and should be taking care of themselves. SwitzerlandEmployment and HRRihm Attorneys
ArticleSpecial Arbitration Panel During BASELWORLDThe Baselworld Panel is an arbitration board that deals with complaints about violations of intellectual property rights during the BASELWORLD taking place between March 23, 2017, and March 30, 2017.SwitzerlandLitigation, Mediation & ArbitrationRihm Attorneys
ArticleSwiss Supreme Court Refines "Business Judgement Rule" Applicable To Corporate Board Members In SwitzerlandSwiss company A concluded in December 2008 a loan agreement with Swiss company B over CHF 200'000. Company B used the first CHF 100'000 for a loan to be granted unsecured to Swiss company C so that Company C was able to pay its debts...SwitzerlandCorporate/Commercial LawRihm Attorneys
ArticleTaxi Drivers With Central Headquarters Are Considered Employees For Social Security PurposesIf independent taxi drivers are affiliated with a central headquarter, they are considered to be their employees, so the Swiss Federal Supreme Court in a decision of November 9, 2017. This will make them much better protected in the future.SwitzerlandEmployment and HRRihm Attorneys
ArticleDoping - Legalize It!Shortly before the start of the Winter Olympics in South Korea, the International Sports Court in Lausanne acquitted around thirty Russian athletes from doping charges. SwitzerlandMedia, Telecoms, IT, EntertainmentRihm Attorneys
ArticleLiability For False Work References -Think Twice Before Recommending A Work Colleague On LinkedInAn employer in Switzerland is obliged to write his employee a reference in a manner that he can obtain a new work position.SwitzerlandEmployment and HRRihm Attorneys
ArticleOn-Call Work In SwitzerlandSwitzerland has no specific legislation on on-call work. The legal doctrine offers some definitions on the institute of on-call work and the Swiss jurisprudence has developed certain rules regarding compensation for on-call work.SwitzerlandEmployment and HRRihm Attorneys
ArticleOnline Recruitment: Does And Don'ts For EmployersMost new job applications are compiled, sent and processed electronically. SwitzerlandPrivacyRihm Attorneys
ArticleAnte Portas: English As An Official Language In SwitzerlandAt the beginning of this year, the Swiss Federal Government presented a legislative bill to revise certain aspects of international arbitration legislation in Switzerland.SwitzerlandLitigation, Mediation & ArbitrationRihm Attorneys
ArticleUber Drivers Should Be Considered Entrepreneurs, Not EmployeesIf Swiss employment laws apply, the employee has a basic right to perform the agreed-upon work and the employer must accept such work and pay for it.SwitzerlandEmployment and HRRihm Attorneys
ArticleSwiss International Arbitration Rules To Be UpdatedGlobal surveys on the international arbitration scene published in 2015 continue to name Switzerland as one of the leading places for international arbitration along with London, Paris, Singapore and Hong Kong.SwitzerlandLitigation, Mediation & ArbitrationRihm Attorneys