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Work, illness, disability

If employees are unable to work for a longer period of time or even become incapacitated or disabled, this regularly leads to complex legal problems. The main subject headings are employment and social security law, but also private insurance regulations and data protection provisions. Collective employment agreements, which may provide for more extensive protective provisions or clarifications, in particular on questions of continued payment of wages in the event of incapacity to work due to illness or accident, must also be taken into account. In this work, the relevant issues that arise in the course of a prolonged incapacity to work up to disability are dealt with comprehensively and in a practical manner. Particular attention is paid to the interfaces between the areas of law involved. The issues raised are also examined from a legal policy perspective. In this second edition, legislation, doctrine and case law have been updated. Particular attention is paid in several places to labor and social security law issues relating to the corona pandemic. It also deals with more recent phenomena such as work-related incapacity for work and the latest IV revision for the further development of IV. The book is aimed at the legal profession, employee and employer associations and all other people who deal with the problems of employees who are unable to work in practice, academia and politics.

Labor law in Switzerland

The fifth, expanded edition of the textbook "Labor Law in Switzerland" has been supplemented with the latest doctrine and case law and integrates the numerous innovations at the legislative and ordinance level. As in the previous edition, international aspects have been included to a greater extent, particularly in the area of secondment and other cross-border issues. Adequate space is given to explanations on how to deal with corona under employment law; topics such as vaccination and testing obligations, protection of particularly vulnerable employees, continued payment of wages, employer default and other controversial issues are addressed. The focal area is the individual employment contract. However, collective employment law and employee protection under public law are also covered. There is also an overview of social security law. The employment relationship under public law is only dealt with in passing. The book contains an updated collection of cases and questions. It addresses frequently occurring employment law problems and provides solutions. It is therefore suitable as a basis for independent study and is a valuable aid to solving employment law problems. This work is intended to appeal to students at universities and universities of applied sciences, but also to serve as a guide to employment law for HR managers in companies. It enables the reader to acquire a sound knowledge of Swiss employment law and to find the relevant knowledge to answer employment law questions within a short period of time.

Data Protection Act DSG

The Data Protection Act (DPA) has been completely revised and will come into force in 2022. The 2nd edition of the hand commentary on the Data Protection Act offers a compact reference work that comprehensively presents the essential legal issues while remaining clear and concise. The new provisions as well as their basis in European data protection law (GDPR, Conv SEV 108+, Police and Justice Directive) are comprehensively presented and commented on by qualified authors. The new edition also takes into account the relevant doctrine and case law on the pass provisions. The explanations are illustrated with numerous practical examples. This makes the hand commentary an indispensable working tool for lawyers who have to answer data protection law questions in the national and international environment (GDPR), as well as for internships in the private sector and administration who are looking for brief, understandable and well-founded explanations of the provisions of the DPA.

UN Convention on the Rights of Persons with Disabilities - Convention of December 13, 2006 on the Rights of Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities (UN CRPD) is one of the core conventions of international human rights protection. It is an important addition to national disability equality law and concerns various subject headings such as education, employment, health and social security. For the first time, a systematic commentary on this convention is available for legal practice in Switzerland. It is intended to facilitate the work of the courts, the administration, the legal profession and the legal sciences. The commentary is also important for non-governmental organizations that have set themselves the task of strengthening the equal opportunities and self-determination rights of people with disabilities in Switzerland and in international collaborations.

Recht aktuell - 6th Basel Labor Law Conference: Importance and role of labor law under criticism

Crises (also) challenge labor law. This was and is evident during the coronavirus pandemic. Employers and employees were and are required to deal with the constantly changing regulatory requirements. The economics of the pandemic (and other crises) require companies to be highly flexible. This situation raises a whole range of employment law issues. Under what conditions can employment contracts be adapted to changed frameworks? What needs to be considered if work is performed exclusively or primarily in the home office? Where are the limits to the admissions of flexibilization of employment relationships? To what extent does Switzerland's relatively liberal dismissal law allow dismissals in times of crisis and how much leeway does "outsourcing" and staff leasing pass? This volume contains the written versions of the papers presented at the sixth Basel Employment Law Conference, which is held every year by the professorship for Private Social Law at the University of Basel's Faculty of Law. The work offers an overview and in-depth study of the most important issues of labor law crisis management.

#iuscoronae - Jurisprudence in the corona crisis

The conference proceedings provide a snapshot of the papers presented at the online symposium #iuscoronae on May 3, 2021. The volume presents the diversity of the researches carried out at the Faculty of Law of the University of Basel. The contributions shed light on the legal situation in the crisis from different perspectives: While numerous constitutional law issues are discussed from a criminal, social and, of course, constitutional law perspective, fundamental questions of contract law and interdisciplinary discourse are also discussed.

Hand commentary on the Posted Workers Act, 2nd edition

The Posted Workers Act requires foreign companies that post workers to Switzerland to provide a service to comply with the minimum working and wage conditions set out in collective and standard employment contracts. The primary contractor is liable for the entire subcontractor chain. Non-compliance is sanctioned with administrative and punitive measures. There are also provisions for fines against Swiss employers who violate minimum wage regulations. The few but extremely complex provisions are thoroughly and comprehensively commented on in this work. Each article also refers to the corresponding EU legislation

Obligations to cooperate and mitigate damages

This volume contains contributions from recognized experts in social insurance law on the duties to mitigate damages and cooperate and their limits. It addresses both the basic principles of the ATSG and the manifestations of the subjects in the individual social insurance laws. Contributions on the importance of fundamental rights and data protection round off the book.

Law, religion and the world of work

The world of work has become more religiously diverse in recent years. Religious manifestations such as the wearing of certain items of clothing, rituals or holiday regulations can lead to conflicts. This topic is increasingly occupying the courts at home and abroad. This volume addresses these issues from the perspective of European and international law, Swiss constitutional law, labor law and religious law, as well as from an interdisciplinary perspective. It deals equally with employment relationships in the private sector, in the public sector and in religious communities.

Accident Insurance Act

After many years of a lack of up-to-date commentaries on the UVG, the Basler Kommentar zum Unfallversicherungsgesetz, published for the first time in 2019, comprehensively examines the current discussion in doctrine and case law. In particular, it also incorporates the latest commentaries. The thorough overall presentation not only comments on provisions on which hardly any literature has existed to date, but also refers to numerous previously unpublished decisions. This makes the BSK UVG a highly up-to-date and unique reference work for the everyday legal work of lawyers, corporate and administrative lawyers as well as courts and public authorities. The individual legal commentaries contain precise and systematically clearly structured presentations of the most important case law, (administrative) practice and literature and offer a quick orientation on the current state of case law, doctrine and science. The explanations are both academic and practical

Hans Peter Tschudi (1913 to 2002) is known to many above all as a legendary member of the Federal Council. During his 14 years in office (1959 to 1973), he had a decisive influence on federal politics. His work in the area of social insurance was particularly lasting. His era included the conception of the three-pillar system and the impressive expansion of academic achievements in AHV. The tribute to his jurisprudential work was the occasion of the well-attended symposium "An employment and social insurance lawyer with vision - Symposium on the jurisprudential work of Professor Hans Peter Tschudi" on 16 May 2019 at the Faculty of Law of the University of Basel. These conference proceedings contain the contributions of the speakers, a report on the stimulating panel discussion and a list of his publications and the dissertations he supervised.

Conference proceedings with papers on his jurisprudential works and their impact

Symposium Hans Peter Tschudi - An employment and social security lawyer with vision

Hans Peter Tschudi (1913 to 2002) is known to many above all as a legendary member of the Federal Council. During his 14 years in office (1959 to 1973), he had a decisive influence on federal politics. His work in the area of social insurance was particularly lasting. His era included the conception of the three-pillar system and the impressive expansion of AHV academic achievements. The well-attended symposium "An employment and social insurance lawyer with vision - Symposium on the legal achievements of Professor Hans Peter Tschudi" held on 16 May 2019 at the Faculty of Law of the University of Basel was dedicated to paying tribute to his work in the field of law. These conference proceedings contain the contributions of the speakers, a report on the stimulating panel discussion and a list of his publications and the dissertations he supervised.

Labor and social security issues in the sharing economy

Digitalization is creating new business models and forms of employment. These promise more freedom, but are associated with a loss of social security. It is not only individuals who are subject headings, but society as a whole.
This book explains whether the passing rules of labor and social security law are compatible with employment relationships on platforms, and if so, in what way. Among other things, model calculations are used to show how an accident with subsequent disability in the case of self-employment or employment affects the individual, but also the financing of social insurance. In addition to examining the status quo, current political initiatives for relevant reforms (such as the creation of an intermediate category of self-employed employee) are also scrutinized. The publication is rounded off with our own proposals for solutions.

Labor law in Switzerland

The fourth, expanded edition of the textbook "Labor Law in Switzerland" has been supplemented with the latest doctrine and case law and integrates the legal innovations. In addition, international aspects have been increasingly included in the presentation. The focal area is the individual employment contract. However, collective employment law and employee protection under public law are also covered. There is also an overview of social security law. The employment relationship under public law is dealt with in passing. As a supplement, the book contains an updated collection of questions that addresses frequently occurring employment law problems and provides solutions. The work is therefore suitable as a basis for independent study and is a valuable aid to solving employment law problems. Sample examinations are provided at the back of the book to support learning, especially for students. This work is intended to appeal to students at universities and universities of applied sciences, but also to serve as an orientation in employment law for HR managers in companies. The book enables the reader to acquire a sound knowledge of Swiss employment law and to find the relevant knowledge to answer employment law questions within a short period of time.

Posted Workers Act

The Federal Act on the Accompanying Measures for Posted Workers and on the Monitoring of Minimum Wages in Standard Employment Contracts (Posted Workers Act, EntsG) is the Achilles heel of the accompanying measures for the free movement of persons between Switzerland and the European Union (EU) and its member states. The law requires foreign companies that post workers to Switzerland to provide a service to comply with the minimum working and wage conditions stipulated in collective and standard employment contracts. The primary contractor is liable for the entire subcontractor chain. Non-compliance is sanctioned with administrative and punitive measures. However, fines are also envisaged for Swiss employers who violate minimum wage regulations. The few but extremely complex provisions are thoroughly and comprehensively commented on in this work. Each article also refers to the corresponding EU legislation

Sharing economy - sharing instead of owning

Sharing platforms, Airbnb, Uber, Spotify, market development, behavioral economics, data protection, legal bases, market regulation, platform economy Sharing instead of owning. Trying out, saving, swapping, finding sustainable and resource-saving solutions: These are some of the buzzwords of the so-called sharing economy. It is part of the trend of bringing together a wide range of economic activities on digital marketplaces or platforms, and it owes its international boom to new communication technologies such as the internet, social media and mobile telephony. But how does this new sharing economy affect Switzerland? What does it mean for economics and the labor market and how can it be integrated into the pass regulatory framework? This study examines the opportunities and risks of the sharing economy and shows where positive aspects could be promoted and negative effects controlled. Based on a clear definition, an analysis of the forms of sharing economy already practiced in Switzerland, various case studies and two contrasting future scenarios, options for dealing with the platform economy are presented. The results are pending to determine the legal, economic, ecological, technical and social impact of this new form of consumption. Where does action need to be taken and where should excessive regulation be avoided? The recommendations are intended as a basis for decision-making for parliament and public authorities, but are also aimed at anyone interested in the socio-political dimension of the sharing economy.

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