Newsletter Labour and Employment Law, 01/2014


Dear Madam or Sir,

the first issue of our 2014 Newsletter starts off by considering the Swiss referendum on the employment of foreigners in Switzerland. The referendum has attracted a great deal of attention in the press. We would like to describe it briefly and outline its consequences for the free movement of persons to Switzerland as well as the free movement of Swiss to EU countries.

In addition, we closely examine a decision by the Federal Labor Court (Bundesarbeitsgericht - BAG) on the hiring out of employees, which was also widely discussed in the media at the end of last year. According to the Federal Labor Court, if a temporary work agency hires out an employee not just temporarily but so to speak permanently to a client of the agency, this will not - initially - be in line with the Temporary Employment Act (Arbeitnehmerüberlassungsgesetzes - AÜG). Nonetheless, this breach of the Temporary Employment Act will not lead to the establishment of an employment relationship between the client of the agency and the employee.

Another contribution looks at the issue of possible discrimination against an applicant whose résumé was returned with the handwritten note: "married, one child". Finally, we discuss a judgment of the Federal Labor Court on fixed-term employment based on a court settlement. Its effect is to significantly facilitate the conclusion of legally valid fixed-term employment contracts.


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