Legal

The Federal Council currently sees no urgent need for action in revision law, but is having certain aspects examined in depth. The expert report confirms the appropriateness of the existing law; however, seven points are to be investigated more closely.

Employers are entitled to a claim for reimbursement if employees receive too much holiday pay or work for pay elsewhere during holidays. This reimbursement can be explicitly regulated in the employment contract or justified by accrued entitlements.

Employers must pay the full salary during vacations, whereby the "entire salary" includes various components. The calculation of vacation pay is based on the average income of the previous year and includes regular overtime and a pro-rated 13th month's salary.

Profit participation certificates secure specific asset rights in a corporation for associated persons, such as former capital investors, which must be stipulated in the statutes. They entitle the holders to shares of the profits, liquidation proceeds, or to new shares, but without any co-determination rights.

Directive W-03/2016 has been imposing higher requirements on auditors since January 1, 2017, to improve the quality of audits in occupational pensions. It responds to high error rates and demands more practical experience and further training for auditors.

Legal special audits such as contributions in kind, capital increase, and capital reduction are essential for corporate structure transactions and protect the rights and claims of the participants. These audits must be conducted by licensed auditors to confirm legality and value statements.

Job seekers from non-EU/EFTA countries need a permit in Switzerland that meets certain economic and qualitative criteria. Additionally, adequate housing conditions and registration before starting work must be in place.

Transforming a company requires the creation of a transformation plan by the administrative body and the approval of the shareholders. The plan and report must be audited by an audit expert unless everyone agrees.

Self-employment combines labor and capital in one's own business with an economic purpose; income from it is subject to income tax. Asset management is generally not included.