When people married abroad but currently domiciled in Switzerland wish to divorce, the first question to ask is that of the competent authorities. As a general rule, it should be remembered that in the event of domicile in Switzerland, it is the Swiss authorities who will be competent to deal with the divorce proceeding. In […]
What is a CDL? The “carte de légitimation”, or Cdl, is an authorization to work delivered by the Department of Foreign Affairs to non-Swiss citizens employed by UN organizations and diplomatic staff based in Switzerland. This authorization allows the beneficiary to exercise their duties without a visa or work permit. Thus, Cdl holders are exempt […]
Obtaining Swiss citizenship is often perceived as the holy grail by foreigners, as the ordinary procedure is said to be one of the strictest in the world. In 2018, a change in the law made the requirements for naturalization more restrictive. Thus, an applicant must now have a settlement permit (C permit) and must have […]
Since the end of the post-Brexit transition measures in January 2021, UK citizens no longer hold the same residency rights as EU citizens. However, UK citizens who were living or working in Switzerland before the end of December 2020 benefit from the protection of acquired rights, allowing them to retain their residency rights under the […]
Switzerland is a prime destination for seasonal workers, especially during the winter months. Given the short duration of their stay, typically four to six months, seasonal workers are subject to temporary work permits. Here’s how it works for both European and non-European citizens. For European citizens Switzerland’s Agreement on the Free Movement of Persons (AFMP) […]
Updates on Swiss inheritance law
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When a person is domiciled in Switzerland, the Swiss judicial or administrative authorities of the deceased’s last domicile are competent to settle the inheritance and rule on inheritance disputes, with the exception of buildings located abroad, which are subject to the exclusive jurisdiction claimed by the foreign state in which they are located. Swiss authorities […]
Swiss law contains no provision defining and addressing specifically bonuses. According to its characteristics, a bonus will be considered either as a gratification (art. 322d CO) or as part of the salary of the employee (art. 322 CO). The distinction between gratification and salary is crucial in Swiss employment law as the rules governing gratifications […]
Legal principles governing non-competition clauses Conditions According to art. 340 I CO, an employee with capacity to act may give the employer a written undertaking to refrain from engaging in any activity that competes with the employer once the employment relationship has ended and in particular to refrain from running a rival business for his […]
Following the acceptance of the initiative “Against Mass Immigration” (February 2014), the Swiss Parliament adopted the revision of the law on Foreigners and Integration (LEI), mainly aiming at implementing these newly adopted political policies. The priority process aims to give an advantage to domestic job seekers registered at a regional employment agency and therefore reduce […]
International commercial contracts governed by Swiss law As a general rule, parties to international contracts are free to choose the law governing their contract. Swiss law also provides that contracts are governed by the law chosen by the parties. In practice, particularly in the context of international arbitration, Swiss law is one of the most […]
If I fall ill, will my employer pay my salary? Yes, as a general rule, your employer must continue to pay your salary under Swiss law. However, the applicable rules depend on whether your employer contracted or not a daily allowance insurance in the event of earning incapacity and loss of earnings. Pay then special […]
In the context of the global pandemic, many companies try to avoid bankruptcy by reducing their costs, among which the salaries of employees. Before unilaterally deciding on salary cuts, be aware that Swiss law imposes mandatory rules in favor of the employee when amendments of the employment relationship disadvantage the latter (for instance: salary reduction, […]