Employment & Benefits, Rihm Rechtsanwälte updates


Contributed by Rihm Rechtsanwälte
Liability for false work references and reappraising social media
  • Switzerland
  • May 16 2018

Employers in Switzerland must provide work references that allow former employees to obtain new employment positions and may be liable for any false or overly negative work references that harm an employee's job search. As reviews of potential candidates' online profiles are common, the question remains as to whether candidates and employers may be held liable for professional recommendations posted on (for example) LinkedIn.

US companies bring care leave to Switzerland
  • Switzerland
  • February 07 2018

Under Swiss employment law, employees are entitled to only three fully paid care days for an ill child; there is no regulation for parents, siblings or partners. Switzerland is not as generous as other countries regarding care leave, although some Swiss companies offer staff spontaneous and pragmatic solutions to family emergencies. However, US companies in Switzerland, such as Google and Microsoft, offer a number of weeks' paid care leave per year.

Unfair dismissal claim denied following use of false medical certificate
  • Switzerland
  • December 20 2017

A pilot was immediately terminated by his employer after lying about his absence from work using a false medical certificate. The Bulach District Court and the Supreme Court both rejected the pilot's claim of unfair dismissal, holding that his actions were not only morally disturbing, but also seriously violated the contractual obligation of fiduciary duty. The pilot has requested additional review from the Federal Supreme Court.

Taxi drivers with central headquarters considered employees for social security purposes
  • Switzerland
  • December 13 2017

The Federal Supreme Court recently held that independent taxi drivers affiliated with a central headquarters are to be considered employees. Until this decision, taxi drivers connected to their headquarters by follow-up contracts only were considered self-employed. The decision means that drivers will be much better protected in future, although prices will rise for consumers as a result.

Rules tightened on intragroup staff leasing
  • Switzerland
  • August 16 2017

The State Secretariat for Economic Affairs (SECO) recently issued guidelines focusing on intragroup staff transfers, which often require governmental authorisation based on proven professional qualification and the provision of financial security. According to the SECO, intragroup staff leasing is permissible without a governmental licence only if it is time restricted and occurs occasionally, provides the employee with professional or linguistic experience or serves another specific purpose.

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