Claiming the reference letter
If an action is brought for a reference, the employee is free to directly request the specific content of the reference in accordance with a pre-formulated text. This prevents an action for rectification having to be brought later.
Is termination due to poor work performance abusive?
A termination is not abusive if it was given due to unsatisfactory work performance (BGer 4A_131/2023 of June 22, 2023).
When is a termination shortly before retirement abusive?
Under certain circumstances, termination shortly before retirement is abusive, as there may be a special duty of care to the employee in this case.
Termination of the employment contract during the blocking period
Art. 336c para. 1 CO regulates the circumstances under which the employer cannot lawfully dismiss the employee. Here is a brief overview.
“A staff member approached me with allegations of bullying against other staff members. I want to take these allegations seriously. How can I proceed as an employer? What is the legal situation in such a case?”
Bullying in the workplace is becoming more and more common. As this is difficult to prove and the victim bears the burden of proof, it often goes undetected. But what can victims of workplace bullying do about it?
My child is sick. Am I entitled to free days?
Children need their parents – especially when they are sick and need care. But today very often, both parents work and cannot simply stay away from work. What applies if your own child is sick in bed?
Am I entitled to a wage during my holidays, or can the employer integrate my holiday pay directly into my total wage?
The Code of Obligations regulates whether and under what conditions holiday pay can be integrated into the total wage.
Termination without notice
I am the manager of an SME. At the moment, the work situation with one of our employees is very difficult. When and under what conditions is a termination without notice possible?
Do I have to pay the broker the commission?
I had commissioned an estate agent to sell a flat. As there was no success, I placed advertisements myself. With success. The buyer had previously requested sales documentation from the estate agent. The contract stated that the commission was also owed if a client “worked on” by the estate agent was the buyer.
Data protection in the workplace: What must the employer observe?
On 25 September 2020, the Swiss National Council and Council of States approved the final text of the new Data Protection Act (DPA). With the total revision, the DPA will be adapted to the rapidly changing technological and social conditions. This will strengthen the self-determination of individuals with regard to their personal data.