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Latest news

Coronavirus - bankruptcy measures not renewed

As the Federal Council stated in the media release of 14.10.2020, it will not extend the temporary measures to prevent corona-related bankruptcies. This was decided by the Federal Council at its meeting on 14 October 2020. The measures of the Covid-19 Ordinance on Insolvency Law of 16 April 2020 were limited to six months and applied until 19 October 2020, but it reserves the right to take further measures under insolvency law at a later date if necessary.

At the same time, however, the Federal Council is already putting into force the extension of the debt-restructuring moratorium to 20 October 2020, which was decided by parliament as part of the revision of company law. The total duration of the provisional debt-restructuring moratorium is extended from four to eight months. This is intended to facilitate the restructuring of companies, which can also be important in times of crisis. The remaining parts of the reform of company law will enter into force at a later date.

Do you have any questions? We would be pleased to advise you individually and with reference to the current situation.

Interview by ekofax (faxnews Albania)

mit Lars Dubach zum Thema „Hilfspakete in der Schweiz im Zusammenhang mit COVID-19

Corona-Virus: Labour related questions

The outbreak of the corona virus is pervasive and raises labor law issues in particular. This article shows the following obligations of the employer and possible measures.

The employer's duty of care obliges them to take measures to protect their employees. These measures are within the scope of proportionality and are therefore subject to the financially reasonable limits and the technical possibilities. Possible measures are therefore home office, avoidance of physical contact or the provision of protective and disinfectants.

As a further measure, there is the legal possibility of ordering paid vacation, taking into account the needs of the employees. So it may be that the employer has to grant unpaid leave since vacation plans already existed.

In the event that the employer does not take economically viable measures, short-time work can be taken into account in this context. If necessary, you can react with vacation and overtime reduction.

The obligation to continue paying wages in the event of illness or absence also raises questions. If an employee suffers from the Corona virus, he has a right to wages based on his medical certificate. If an employee is put in quarantine due to the infection, it can also be assumed that the employee is entitled to continued payment. Absence of work due to an objective reason such as e.g. officially ordered bans or general travel bans in turn do not lead to a claim to wages. Also the absence of the employee due to fear of infection. Based on a medical certificate, the employee is also entitled to care for his sick children up to three days per case. Furthermore, the employee is entitled to wages for a certain period of time if he has to take care of his child due to school closure. If the reason for the prevention lies with the employer himself and he is unable to accept the employee's offered service, he falls into arrears and has to pay the wages. In the event of force majeure, especially in temporary situations, there is a tendency to pay the employee's wages, and in exceptional cases subsequent work may be requested.

Do you have any questions or uncertainties? We would be happy to advise you individually and with reference to the current situation.

 

 

About us

WILD DUBACH has been offering legal advice to private individuals, companies and the public sector since 1984. We represent our clients in court, but we also advise and support you in real estate matters, tax matters, in company structuring, as a family office, in all matters relating to residence in Switzerland, and we provide domicile addresses and offices. Our notary is at your side for notarizations in the area of ​​company law (such as establishing companies throughout Switzerland), real estate transactions in Obwalden as well as marriage and inheritance law in Switzerland and abroad.

WILD DUBACH is a Just1 law firm (www.just1.eu). With our Just1 offices throughout Europe and Canada and our worldwide contacts, we offer our clients the best legal advice in national and international matters at competitive fees.