News
2. KOAMI Conference on October 23, 2025
Democracy in the world of work - this is the subject of the 2nd KOAMI Conference on October 23, 2025: High-quality input presentations by proven experts in the morning, practice-oriented workshops by specialists in the afternoon. We look forward to an exciting conference and will provide you with further information and the application link soon. You can find a short video about the conference here . You can also find the video in French here .
9. Basel Employment Law Conference on March 28, 2025
The 9th Basel Employment Law Conference is history. The event was a complete success! This year, exciting subjects such as termination & protection against dismissal, continued payment of wages, health protection and social security law issues were covered. A special highlight was Nic Frei's presentation on the subject of "Surveillance in the world of work using artificial intelligence".
Prof. Dr. iur. Kurt Pärli, presented the program of the event in the video teaser.
Jusletter of August 19, 2024: Workplace-related incapacity for work (together with Laura Kunz)
The Federal Supreme Court has once again taken a stance on the controversial subject of "job-related incapacity for work" and decided that the protection against blocking periods does not apply in this case. The article summarizes the most important considerations of the Federal Supreme Court, classifies the ruling and discusses its numerous implications. It also analyzes the effects of the ruling on daily allowance insurances and the social insurance law issues that arise as a result. The article concludes by explaining why this long-awaited ruling does not provide legal certainty either and outlines a possible solution.
Visiting professor at the Edudardo Mondlande University in Maputo
From 12-16 August 2024, Prof. Dr. iur. Kurt Pärli had an enriching experience as a visiting professor in the Master's program "Social Law" at the Edudardo Mondlande University in Maputo, where challenging content met very motivated students.
Jusletter of June 24, 2024: New directive on working conditions for platform work in the EU
The EU is on the verge of adopting a groundbreaking directive that will introduce a requirement for clear procedures to qualify the employment relationship and introduce rules on algorithmic management. These developments could also be of interest to Switzerland.
Label Eucor - The European Campus and Cross-Border Ecucation Grant
We are delighted that the seminar "Selected issues in employment law on protection against dismissal, participation and data protection" has been awarded the Eucor - The European Campus label and funding from the Cross-Border Ecucation Grant. The Eucor - The European Campus label aims to give visibility to projects in the areas of research, teaching and transfer as well as at all other levels that are conducive to the objectives of the European Grouping of Territorial Cooperation (EGTC) "Eucor - The European Campus".
23. August 2024: CLA enforcement conference
This year, the Research Centre for Collective Labour Law and Participation KOAMI and the Solothurn Forum for Continuing Education SFW are jointly organizing an exciting event in the field of collective labour agreements that combines an academic approach with daily practice: CLA Enforcement Conference on 23 August 2024 in Olten(as a face-to-face event and online).
The conference brings together various interest groups involved in the implementation of CEAs: Legal, administrative, fiduciary and control experts; co-workers from companies, public authorities, associations and joint committees. It is of course also pending to all other interested parties.
The CLA Enforcement Conference offers a wide range of presentations (including on the subjects of working time and labor migration as well as the current labor market situation) and is not least a platform for constructive exchange between all those involved in collective labor law.
Have we piqued your interest? We look forward to receiving your applications.
SZS 3/2024: The Uber-story goes on
There are new rulings on Uber Eats! The latest issue of SZS contains a discussion of BVGer A- 4350/2022 of January 3, 2024 and Cour de Justice of the Canton of Geneva, Chambre administrative, judgment of December 5, 2023, ATA 1306/2023.
The Federal Administrative Court has upheld Uber's appeals against PostCom's decision that Uber Portier B.V. is subject to registration for the "Uber Eats" service. In the canton of Geneva, the Administrative Court ruled that the company Chaskis SA, which is representative of Uber and hires the bicycle couriers, operates a staff leasing business that requires a permit. Chaskis SA uses the Uber Eats application, which means that Uber Portier B.V. qualifies as an employment company. An appeal has been lodged against the ruling of the Geneva Administrative Court. The decision of the Federal Administrative Court regarding PostCom is final.
ARV 4/2023: Metaverse - Labor law challenges
ARV recently published an article co-authored with Sefora Pileggi on the subject of the metaverse. For a long time, the metaverse was primarily a virtual gaming world in which "gamers" in particular met. For some years now, this technology has increasingly been gaining a foothold in the world of work. On the one hand, there are employment relationships in which a person works exclusively for a platform in the metaverse. This raises issues such as the place of jurisdiction and the applicable law. Even in "normal" companies, work is sometimes carried out in the metaverse. Numerous labor law issues arise here (health protection, discrimination, data protection), which are dealt with in the article.
CHSS article: Self-employed people take risks with tax optimization
A new CHSS online article by Prof. Dr. iur. Kurt Pärli was published on February 15, 2024. It addresses the risks to which self-employed persons are exposed with tax optimization. The incentive to keep taxable income low reduces social protection. The entire article can be read here.
New publication: 2nd edition of "Work, illness, disability"
The 2nd edition of "Arbeit, Krankheit, Invalidität - Arbeits- und sozialversicherungsrechtliche Aspekte" was recently published.
Legislation, doctrine and case law have been updated in the second edition. 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, employees' and employers' associations and all other people who deal with the problems of employees who are unable to work in practice, academia and politics.
Review and outlook at the start of the year
We are particularly pleased that the Jusletter article by Laura Kunz and Pia Meier entitled"Das Arbeits(un)fähigkeitszeugnis" was crowned the most-read article of 2023! In 7th place is also the article"Konflikt, Krankheit, Kündigung - wenn es kracht am Arbeitsplatz" by Prof. Dr. iur. Kurt Pärli and Nic Frei.
The 5th edition of the textbook"Arbeitsrecht in der Schweiz" by Geiser/Müller/Pärli with additions to the latest doctrine and case law as well as numerous innovations at statutory and ordinance level and the 2nd edition of the work"Arbeit, Krankheit, Invalidität" by Pärli/Petrik have recently been published.
Jusletter article: Work migration and reimbursement of expenses from October 30, 2023
Who has to pay for expenses such as travel costs, lunch and overnight accommodation incurred by an employee at an external place of work? Is any compensation paid by the employer considered wages under social security law? What happens if an employee from abroad stays in Switzerland at least temporarily for work? Prof. Dr. iur. Kurt Pärli and Joël Kämpf will answer these questions on the highly topical subject of labour migration and reimbursement of expenses, which is giving rise to discussions, particularly in the area of social insurance.
Upcoming event: Exchange between academia and practice on December 6, 2023
This year's edition of the "Exchange between academia and practice" event series will take place on December 6, 2023. In addition to exciting inputs on doctoral and master's theses, you can also look forward to a presentation by Dr. Oliver M. Brupbacher on the subject of whistleblowing in practice - experiences and tips.
The detailed program and further information can be found in the flyer. Participation in this pre-event is free of charge. For organizational reasons, interested participants are requested to register here by 30 November 2023 at the latest.
SZS 5/2023: The phenomenon of wage earners: When does pseudo-self-employment exist?
An article by Prof. Dr. iur. Kurt Pärli and Joël Kämpf was recently published in the SZS on the question of when pseudo-self-employment exists.
In recent times, various forms of "wage-earning" and "payrolling" have become widespread. The aim of these models is regularly to reimbements from a client to the service provider with the help of a third party as wages within the meaning of social insurance law. According to a communication from the Federal Social Insurance Office (FSIO) to the compensation funds, at least some of these models are to be qualified as circumvention. As a result, there is pseudo-self-employment. A more in-depth analysis shows that, on the one hand, legally compliant models of wage-earner status are possible and, on the other hand, better social security protection for self-employed persons should be considered in terms of legal policy. However, the introduction of a "third status" is not expedient.
Lecture on September 8, 2023: The importance of social security and laborlaw for compliance with public health
On September 8, 2023, Prof. Dr. iur. Kurt Pärli gave the lecture "The importance of social security and labourlaw for compliance with public health" at the European Conference of the International Society for Labour Law and Social Security Law, which took place from 6. the contribution is also available in written form as a chapter in the recently published book with selected conference contributions.
Jusletter article: The new EU directive for more salary transparency
In view of the EU Pay Transparency Directive adopted by the European Parliament on March 30, 2023, the need for improved pay transparency is also increasing in Switzerland. In the Jusletter of 14 August, Prof. Dr. iur. Kurt Pärli examines the legal situation in this country and shows what adjustments would be necessary in the event of an autonomous commencement of the directive in Swiss law.
Legalis brief: Kurt Pärli - "A look back at the recent history of employment law shows that the basic structures have proven their worth."
As part of the new legalis brief service, Prof. Dr. iur Kurt Pärli is featured in a short interview in which he talks about his first contact with employment law and the day-to-day challenges of working at a university.
Upcoming event: Recht aktuell - 7th Basel Social Security Law Conference on Friday, November 10, 2023
On November 10, 2023, the 7th Basel Social Insurance Law Conference will take place on the subject of "Clarification of facts and combating abuse". Participation is possible both on the premises of the Congress Center Basel and online via a livestream. Applications are pending here. All further information can be found in the flyer.
New book contribution: The Swiss Posted Workers Act and Free Movement of Services
An article by Prof. Dr. iur. Kurt Pärli entitled "The Swiss Posted Workers Act and Free Movement of Services" was recently published in the book "Switzerland and the EU - A Challenging Relationship" (edited by Maresceau Marc, Tobler Christa).
As a result of the Swiss electorate's rejection of the European Economic Area 30 years ago, there are now a large number of agreements that, among other things, provide for Switzerland's partial participation in the EU internal market. At the same time, an increasing degree of institutional and legal uncertainty has passed for more than a decade. This volume takes stock of the various aspects of this special relationship, which is also interesting in a comparative context.
Interested parties can find further information on the book launch event here.
New book contribution: Legal Instruments Against Discrimination in Employment in Switzerland
Recently, an article by Prof. Dr. iur. Kurt Pärli entitled "Legal Instruments Against Discrimination in Employment in Switzerland" was published in the book "Discrimination and Employment Law: International Legal Perspectives" (edited by Carby-Hall Jo, Góral Zbigniew, Tyc Aneta). The work presents the problem of discrimination in the field of employment in a variety of ways and examines the norms of anti-discrimination law in the field of employment at international and EU level as well as the norms arising from national legal systems.
Lecture from April 19, 2023: Where poverty plays a role in law
On April 19, Prof. Dr. iur. Kurt Pärli gave a lecture at the event Wo Armut im Recht eine Rolle spielt der Demokratischen Jurist*innen Basel on the subject of "Schadenminderungspflicht im Sozialversicherungsrecht - Besondere Ausprägungen im Recht der Invalidenversicherung". Interested parties can find the presentation slides here.
SZS Online first/2023: The Federal Supreme Court confirms: Employer status for Uber B.V. regarding Uber cab drivers - to be continued ..
As expected, the Federal Supreme Court has ruled that Uber drivers are employed in terms of social security law. The employer is Uber B.V., which is based in the Netherlands and has a permanent establishment in Switzerland. Uber B.V. is obliged to cooperate with the compensation office to determine the relevant wage amount for the payment of contributions. In parallel proceedings, the Federal Supreme Court came to the same conclusion regarding the UberPop service, which has since been discontinued. The employer in this case is Rasier Operations B.V., which is also domiciled in the Netherlands and belongs to the Uber Group. Rasier Operations B.V. also has a permanent establishment in Switzerland and, as an employer, must now pay substantial contributions to the compensation fund.
L'article est également disponible en français (la traduction a été effectuée par l'éditeur).
The article can also be accessed in English (the translation was done by the publisher).
New publication: Data Protection Act (DSG) Stämpflis Handkommentar
The Data Protection Act (DSG) has been completely revised. The 2nd edition of the hand commentary on the Data Protection Act offers a compact reference work that deals with the essential legal issues in detail while remaining clear and concise. The new provisions as well as their basis in European data protection law (GDPR, Conv SEV 108+, Directive (EU) 2016/680) 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.
Legal news: 1st Basel Data Protection Law Conference on Friday, April 21, 2023
On April 21, 2023, the first data protection law conference will take place on the subject of "The revised Data Protection Act (DPA) - What's in store for whom?". The most important innovations, their significance for companies, public authorities and associations, risks and opportunities, data protection supervision and the impact on employment and social security law will be discussed. The event will take place at the Congress Center Basel and will be broadcast live.
Further information can also be found in the video by Prof. Dr. iur. Kurt Pärli. Click here for the application form.
A contribution to the implementation of the care initiative - legal opinion
The legal opinion written by Prof. Dr. iur Kurt Pärli "CLA negotiation obligation based on Art. 197 No. 13 lit. c Federal Constitution" can be inspected here.
Labor and social security law - exchange between academia and practice
The event, followed by an aperitif, will take place on December 7, 2022 from 5.30 - 7.15 pm in the Pro Iure Auditorium (Faculty of Law, Peter Merian-Weg 8, Basel). This year, we would like to focus on the legal, medical and gender-theoretical perspectives of working hours. Does "always ready" now apply? The detailed program can be found in the flyer. Participation in this pre-event is free of charge. For organizational reasons, interested participants are asked to register here by 1 December 2022 at the latest. We reserve the right to make changes to the presence implementation due to the COVID-19 restrictions in force in December.
Metaverse - utopia or dystopia? Technical innovation and social challenge
As part of the Lecture Series in Law and Economics of the Summer School of Law, Business, and Economic Policy, Prof. Dr. iur. Kurt Pärli will give a lecture on the subject of "Metaverse - Real labor law problems in virtual worlds". More information and the link to the application can be found here.
SZS 4/2022: Clarifying Federal Court rulings on the Uber case - still (many) pending questions
The Federal Supreme Court has rejected Uber's appeals against the rulings of the Geneva Administrative Court, according to which both Uber cab drivers (based on the Geneva Taxi Act) and UberEats couriers are to be qualified as employees under employment contract law. In the case of UberEats, however, according to the Federal Supreme Court, there is no staff leasing; the restaurants could not be qualified as employment companies and Uber Switzerland does not have to enter a branch in Geneva in the commercial register or apply for a staff leasing license. The consequences of this ruling also affect social insurance. On the one hand, Uber must pay social security contributions in Geneva. On the other hand, the social insurance cases Suva v. Uber and Ausgleichskasse Zürich v. Uber are still pending before the Federal Supreme Court.
L'article est également disponible en français (la traduction a été effectuée par l'éditeur).
The article can also be accessed in English (the translation was done by the publisher).
CLA Enforcement Conference 2022, June 17, 2022, Olten and online
On the hunt for black sheep - possibilities and limits of collaboration in enforcement. This is the exciting subject of the CEA Enforcement Conference 2022. After the traditional issuance by Seco with current information on the labour market and the FlaM, proven experts will provide valuable insights into the practice of enforcement bodies. An experienced lawyer will highlight the possibilities and limits of enforcing CEA controls. You will receive information on the background to the parliament's current measures against abusive bankruptcies. An expert from the AWA Zurich will explain its various functions in connection with combating abuse. We will shed light on the opportunities and feasibility of a central reporting office for black sheep. The event will conclude with a panel discussion: How can efficiency be increased in the fight against abuses in the labor market? Prof. Dr. iur. Kurt Pärli is one of this year's speakers.
Lecture "Social Europe?"
The issue of Europe is a major concern for Switzerland and the left. Following the failure of the framework agreement, the discussion about Switzerland's relationship with the EU continues: Is a new version of a framework agreement needed, EEA or even EU accession, or should Switzerland currently rely on sectoral agreements? At the same time, the contours of a social Europe are crystallizing. So where do we stand with regard to a social Europe? What is the best way to enforce good wages and working conditions both in Switzerland and in Europe? And what contribution can the European Union make to overcoming the many crises of our time?
At the Denknetz event, Prof. Dr. iur. Kurt Pärli gave an interesting introductory lecture, the recording of which can be viewed here.
Appearance on the program "temps présent" on RTS television in French-speaking Switzerland
In Switzerland, around 200 providers compete for the parcel delivery market. Competition is becoming increasingly aggressive in this fast-growing sector, with employees of Swiss Post and DPD - the number 2 on the market - reporting deteriorating working conditions. This topic was addressed in the 14 April 2022 edition of the "temps présent" programme on RTS television in French-speaking Switzerland, in which Prof. Dr. iur. Kurt Pärli also spoke (time: 29:55 and 42:38). You can find the whole program here.
EuZ 4/2022: EU posting law between market and social protection - Recent case law of the ECJ on sanctions and cross-border traffic
The just published article "EU posting law between market and social protection - Recent case law of the ECJ on sanctions and cross-border traffic" by Prof. Dr. iur. Kurt Pärli in the EuZ (Zeitschrift für Europarecht) can be read online.
Erroneous judgment 2021: "Brimming with inconsistencies"
At the end of each year, a jury selects the miscarriage of justice of the year as part of the scientific journal plädoyer. This time, Prof. Dr. iur. Kurt Pärli was part of the jury. It was based on legally binding rulings from 2021 that were suggested to the plädoyer editorial team by readers. The miscarriage of justice 2021 "bristles with inconsistencies" - you can read the full article and the jury's assessments of the top three places here.
Rundschau from February 23, 2022: Senior care battle zone - the end of 24-hour care?
In yesterday's Rundschau broadcast, Prof. Dr. iur. Kurt Pärli commented on the subject of 24-hour care and the applicability of the Employment Act. Also of interest in this regard is the article Private households: Application of the Labor Act? in the Jusletter of 27 May 2019.
SZS 2/2022: About Uber judgments and ever new Uber stories..
The Uber case is preoccupying courts, administrations and parliaments around the world and in Switzerland too. In order to evade compliance with labor and social security standards, Uber is constantly telling new stories...
L'article est également disponible en français (la traduction a été effectuée par l'éditeur).
The article can also be accessed in English (the translation was done by the publisher).
New article in the Jusletter of February 14, 2022: BGer 4A_518/2020: Unlawful acquisition of employee personal data
A review of the judgment by Prof. Dr. iur. Kurt Pärli on the subject of "Unlawful procurement of employee personal data" was published in today's Jusletter.
Commentary on the leading decision 2C 470/2020 of December 22, 2021 on so-called 24-hour care
According to the decision, the Labor Act applies to employees of care agencies - A short commentary on the Federal Supreme Court decision 2C 470/2020 by Prof. Dr. iur. Kurt Pärli was published today on the CareInfo platform.
Article in Jusletter of February 7, 2022: Uber drivers are gainfully employed
An article by Prof. Dr. iur. Kurt Pärli entitled "Uber drivers are self-employed" was published in today's Jusletter.
Social protection and respect for human rights as a contribution to the fight against COVID-19
Prof. Dr. iur. Kurt Pärli and Bettina Fischer have published an article in the book "Assurances sociales et pandémie de Covid-19 - Sozialversicherungen und Covid-19-Pandemie" by Sylvie Pétremand (ed.). The chapter entitled "Social protection and respect for human rights as a contribution to the fight against COVID-19" can be inspected in full here.
Now available: 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. 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.
EO for (almost) allcases - HAVE 4/2021, p. 425-427
The article by Prof. Dr. iur. Kurt Pärli entitled"EO for (almost) all cases" can be inspected here. The entire article can be found in HAVE 4/2021 (also on Swisslex).
Federal Supreme Court, judgment 2C_470/2020 of December 22, 2021:
Important (and correct) decision in the matter of 24-hour staff-student ratios. The Labor Act is applicable if the caregivers work in private households via staff leasing. The exemption provision for private households under Art. 2 para. 1 lit. g of the Labor Act only applies if the caregivers are employed directly by the private household, but not in three-party relationships. The Federal Supreme Court based its decision largely on a report that was also published in the Jusletter on May 27, 2019.
Two articles in the top 5 most-read articles in Jusletter in 2021:
Two articles by Prof. Dr. iur. Kurt Pärli and Jonas Eggmann are among the top 5 most-read articles in Jusletter in 2021: Selected legal issues of the home office and Corona and the world of work.
Interview in the Kassensturz program on "Flexible working hours: freedom or exploitation?"
On December 21, 2021, Prof. Dr. iur. Kurt Pärli was a guest on the program Kassensturz to talk about the subject "Flexible working hours: freedom or exploitation?". The interview can be viewed here.
Final academic report of the COVCO-Basel study - July 2020 to August 2021
The final academic report of the COVCO-Basel study for the period from July 2020 to August 2021, which was written with the participation of Prof. Dr. Kurt Pärli, was recently published. The study examines the social and health effects of the coronavirus pandemic and concludes, among other things, that people on low incomes are more affected by the pandemic (see also press release).
The event will take place on December 3, 2021 in presence and will be broadcast via livestream. The following subjects will be discussed: Covid-19 regulations and their consequences, 7th IV revision, EL reform, bridging pensions, social assistance, EO claims for maternity and paternity and care leave, ATSG and UVG, procedural issues. See the conference proceedings here.
Upcoming event: Labor and social insurance law - exchange between academia and practice
The aim of this series of events is to provide an insight into the diverse activities of the Chair and, above all, to promote the exchange between legal scholarship and legal practice. This year's event will focus on the new minimum wage. The cornerstones of this event on December 8, 2021 are the introductory lecture on "Minimum Wages in Switzerland - Legal Framework " by Prof. Kurt Pärli and the subsequent panel discussion with a representative of the administration, employers and trade unions. Further information can be found here.
Guest lecture at SLTA Student Chapter Basel on the subject of "Personnel selection and monitoring by algorithms - for the (dis)benefit of employees?"
The use of algorithms promises better personnel selection and enables more efficient monitoring of employees. However, not everything that is technically possible is also legally permissible. Prof. Dr. iur. Kurt Pärli will speak on these subjects on November 10, 2021 as part of a guest lecture at the SLTA Student Chapter Basel in the Pro Iure Auditorium. The slides are available here.
ARV-DTA 2/2021: Commentary on two rulings on the legal status of UberPop drivers and UberEats couriers
The current issue of ARV contains the article"UberPop drivers and UberEats couriers are employees" by Prof. Dr. iur. Kurt Pärli. The legal status of people who provide services via internet platforms is a matter of concern for courts around the world, including in Switzerland. The High Court of the Canton of Vaud qualifies the relationship between a driver and UberPop as an employment contract. The ruling is legally binding. The Administrative Court in Geneva also came to the conclusion that UberEats couriers have employee status. The court assumes that staff leasing is subject to authorization. The case was referred to the Federal Supreme Court.
Conference on social security for the self-employed - interdisciplinary and international considerations on June 24 and 25, 2021 - Review
The conference on social security for the self-employed took place online on June 24 and 25, 2021. The conference looked at social security for the self-employed from an interdisciplinary (social science and law) and international (Austrian, Swiss, Dutch and generally European) perspective. In his lecture, Prof. Dr. iur. Kurt Pärli gave an overview of the social security system in Switzerland, spoke about the inclusion of self-employed persons in the social security system and highlighted its effects and risks.
Legal news: 5th Basel Social Insurance Law Conference - Social insurance law between dynamics, reform and continuity on December 3, 2021
The 5th Basel Social Insurance Law Conference is scheduled to take place on December 3, 2021 as a hybrid event at the Congress Center Basel. The conference will focus on the high demands placed on the dynamism and flexibility of social insurance law during the coronavirus crisis in order for it to fulfill its purpose. These and other reforms will be presented and reflected on by distinguished speakers at this year's Basel Social Insurance Law Conference, now in its fifth year.
Applications can be made online from now until November 30, 2021.
Symposium #iuscoronae on May 3, 2021
The corona crisis also poses numerous new challenges and pending questions for the legal sciences. At the #iuscoronae symposium on May 3, 2021, professors from the Faculty of Law at the University of Basel will give an insight into their research and discuss problems from various areas of law that have emerged or come into focus in the course of the pandemic.
The symposium will take place online and participation is free of charge. The Office of the Dean of Research at the Faculty of Law would be pleased to receive your applications by May 2, 2021.
Jusletter of February 22, 2021: Article on selected legal issues of the home office
Together with Jonas Eggmann, MLaw, Prof. Dr. iur. Kurt Pärli has written an article on selected legal issues of the home office - in the context of the corona pandemic and beyond, in the Jusletter of February 22, 2021. If the pandemic has so far paved the way for working from home, and not only because of the obligations imposed by the members of the Federal Council, the question remains as to what will happen to non-workplace-based forms of work in general after the pandemic and what problems of employment law may arise.
Jusletter of February 8, 2021: Podcast with Prof. Kurt Pärli, as well as article by Prof. Kurt Pärli and Jonas Eggmann, MLaw on Corona and the world of work
Employment and social security law is affected by the corona pandemic in many different ways, and the need for clarification is correspondingly great. The article Corona and the world of work: stocktaking and assessment of the current legal situation summarizes and acknowledges the literature on the most important issues in dispute - operational risk, continued payment of wages during quarantine, health and lockdown protection. In addition, the numerous Covid-19 regulations are presented with their latest amendments and their integration into labor and social security law. The article concludes with some legal policy reflections and thus offers a comprehensive and coherent classification of the relevant Covid-19 regulations under employment and social security law up to date.
In the podcast, Prof. Kurt Pärli also discusses the 2020 revisions to unemployment insurance and disability insurance as well as the new bridging pension for older employees. Finally, the presentation also shows that a selective improvement in protection against dismissal is in the interest of efficiently combating the epidemic.
For a general overview of the research activities of the Professorship of Private Social Law in connection with the corona pandemic, please also refer to the corresponding page.
Interdisciplinary courses on tax law and social security law for Master's students
Together with Prof. Dr. iur. Luzius Cavelti, the Professorship of Private Social Law is running an interdisciplinary course in the spring semester 2021 that will deal with subjects at the intersection of the two subject areas.
The introductory event will take place on February 24, 2021, applications can be made until February 19, 2021 via office-paerli-ius@clutterunibas.ch
Preview: Article in Jusletter by Kurt Pärli and Jonas Eggmann in the issue of February 8, 2021
Under the title "Corona and the world of work: stocktaking and assessment of the current legal situation", Prof. Dr. iur. Kurt Pärli and Jonas Eggmann, MLaw will highlight and discuss current employment law issues in detail in their article. The article will appear in the Jusletter issue of Monday, February 8, 2021.
Research report on legal advice and legal protection for people affected by poverty in social welfare
On Tuesday, January 19, 2021, the research report Legal advice and legal protection for people affected by poverty in social welfare was published on the website of the Federal Social Insurance Office FSIO . The study is dedicated to the questions of the extent to which legal protection is guaranteed in social welfare, what role the various offers of independent legal advice play in this, and whether measures are needed to improve legal protection.
Recht aktuell - 5th Basel Employment Law Conference Violation of employment law regulations as a compliance risk
The 5th Basel Employment Law Conference on April 23, 2021 is expected to be held as a hybrid event both digitally and on site.
Applications can be made by April 21, 2021 at the latest, either online or via the registration form.
Article on the impact of digitalization on the employment relationship in the Industrial Law Journal
In his article Impacts of Digitalization on Employment Relationships and the Need for more Democracy at Work for the Industrial Law Journal of Oxford University Press, Prof. Dr. iur. Kurt Pärli deals with the digitalization of the world of work. He discusses its impact on the employment relationship and argues for more "democracy at work" in the face of increasing organizational demands on employees.
Top 20 Jusletter articles 2020 - two articles by Prof. Kurt Pärli in the top ten
With the Jusletter of January 11, Weblaw published the top 20 list of the most clicked Jusletter articles 2020. The professorship for Private Social Law is pleased that two articles by Prof. Dr. iur. Kurt Pärli have landed in the top ten: Klärung arbeitsrechtlicher Fragen im Zusammenhang mit dem Coronavirus from March 23, 2020, together with Thomas Geiser and and Roland Müller in 1st place, and Besonders gefährdete ArbeitnehmerInnen from April 20, 2020 in 6th place.
Launch of the event series "Innovations in employment and social security law"
The professorship for Private Social Law is pleased to announce a new series of events at the beginning of 2021 at the Faculty of Law of the University of Basel. In two hours, the events will provide internships with an overview of a subject area in which the legislator is extremely active. Innovations will be presented and analyzed for their practical consequences.
Due to the current circumstances, the first evening event will take place exclusively online on March 3, 2021 from 17:00 to 19:00.
Interview on the legal challenges of working from home
In issue no. 20 of the syndicom magazine from December 2020, Prof. Dr. iur. Kurt Pärli comments on legal issues in the context of working from home and points out, among other things, that the home office in particular also needs clear barriers, for example with regard to working hours or permissible monitoring by the employer. The interview begins on page 22 of the magazine.
Legal news: The 4th Basel Social Security Law Conference "Duties to cooperate and mitigate damages" on December 4, 2020 successfully held online
The 4th Basel Social Insurance Law Conference held last Friday is history, and should be remembered as such in terms of both form and content. Due to the current conditions of the corona pandemic, the conference was held exclusively online for the first time, and around 120 participants followed the live stream from the Basel Congress Center, where some of the speakers were live on stage and some were connected via video conference. The opportunity to ask questions via chat was actively used and allowed for active participation and lively discussions even in this unusual form.
The team of Recht aktuell and the professorship for Private Social Law would like to thank all participants and look forward to the 5th Basel Employment Law Conference: Violation of Employment Law Regulations as a Compliance Risk on April 23, 2021. Further information on the type of event will follow in due course.
Comment on the ECtHR decision: B. v. Switzerland - Discrimination of widows against widowers
In a comment in the Schweizerische Zeitschrift für Sozialversicherung und berufliche Vorsorge (online first, to be published in the print edition 1/2021), Prof. Dr. iur. Kurt Pärli analyzes the judgment of the ECtHR 78630 B. v. Switzerland. The ECtHR considers the unequal treatment of widows and widowers in Art. 24 para. 2 AHVG to be unjustified unequal treatment and thus a violation of Art. 14 ECHR in conjunction with Art. 8 ECHR.
The judgment is not uncontroversial. It is criticized that the ECtHR would presume to take on the role of a European Social Insurance Court. An analysis of this decision in a broader context shows that there are certainly reasons for a "selective correction from Strasbourg". This will neither lead to a financial burden on the Swiss social security system nor to an undermining of democratic decisions.
L'éditeur fournira une version traduite par machine de l'article en français.
The publisher provides a machine-translated version of the article in English.
Presentation on the occasion of the conference of the PK network on December 2, 2020
With BGE 146 V 169, the Federal Supreme Court has made an important decision on the importance of co-determination in occupational pension schemes. Prof. Dr. iur. Kurt Pärli presented the decision and its significance for practice at a conference of the Pension Fund Network on 2 December 2020. The slides of the presentation can be found here.
African Labor Law Society Hybrid Conference - Decent Work in Developing African Countries, contemporary social and legal challenges, Gaborone Botswana
On November 23, 2020, Prof. Dr. iur. Kurt Pärli discussed court rulings on the platform economy in a lecture at the African Labour Law Society Hybrid Conference and pointed out that workers need better protection regardless of their status as employees or (bogus) self-employed. The conference was held as a hybrid event due to the coronavirus pandemic, and Kurt Pärli presented his lecture via video link.
The slides of the presentation can be inspected here, a recording will be available as soon as possible.
Legal news: Online implementation of the 4th Basel Social Insurance Law Conference "Duties to cooperate and mitigate damages"
Due to the second wave of coronavirus, the 4th Basel Social Insurance Law Conference on December 4, 2020 will now also be held exclusively as an online event. In view of this disappointing news, we are nevertheless pleased to be able to draw on the experience we have gained throughout the year with digital events and to use highly professional technology to organize a successful event for all participants. Thanks to the digital implementation, additional participants are also very welcome.
Applications can be submitted by November 30, 2020 at the latest, either online or by email to recht-aktuell-ius@clutterunibas.ch.
Academic & Practice Exchange on December 9, 2020 as an online event
Labor and social security law are the teaching and research focus of the professorship for Private Social Law. With an annual series of evening events, we want to offer an insight into the diverse activities at our chair and, above all, promote the exchange between legal science and legal practice. On this occasion, the event will take place ONLINE.
The right to information in private law: article in the journal Digma with Jonas Eggmann
The right to information is of great importance for the protection of employees. Employer decisions on employment, promotion or dismissal are often based on information collected by the employer about employees. The right to information provides employees with transparency and a basis for asserting any claims under employment law. In an article in issue 3/2020 of Digma magazine, Prof. Dr. iur. Kurt Pärli, together with Jonas Eggmann, BLaw, takes a closer look at the right to information in the employment relationship and points out tricky procedural demarcation issues.
Syndicom office hour: Work from home - legal aspects
On October 26, Prof. Dr. iur. Kurt Pärli will give a lecture on the legal aspects of working from home as part of the Syndicom Office Hour. The focus will be on the following questions, among others: Does an employer have to pay for the expenses and equipment of its co-workers when they work from home? What do employee representatives have to say on the subject of working from home? What obligations do employers have to minimize the blurring of work boundaries? What are the legal implications of working abroad?
Preview: Conference proceedings on law, religion and the world of work
In November 2020, Dike Verlag will publish the conference proceedings Law, Religion and the World of Work, edited by Prof. Dr. iur. Andreas Stöckli, Dr. iur. Anne Kühler LL.M., Prof. Dr. iur. Felix Hafner and Prof. Dr. iur. Kurt Pärli.
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.
Recht aktuell: 5th Basel Employment Law Conference - Violation of employment law regulations as a compliance risk
On April 23, 2021, the 5th Basel Employment Law Conference will take place in the Congress Center at Messe Basel. The focus will be on the risks that the violation of labor law regulations can entail for a company.
Applications can be registered online with immediate effect and further information can be found on the Recht aktuell website.
Termination of employment relationships under private law in public companies - Article preview AJP No. 7/2020
Together with Prof. Dr. iur. Roland Müller and Councillor of States Dr. iur. Andrea Caroni, Prof. Dr. iur. Kurt Pärli has written an article on the termination of employment relationships under private law in public companies, which will appear in the upcoming No. 7 of the journal Aktuelle Juristische Praxis. The authors examine the outsourcing of public tasks to separate companies and the employment relationships, which are usually of a private law nature. Particular attention is paid to the alleged freedom of dismissal, as well as the fundamental rights and constitutional principles that also overlay the employment relationship in the case of private-law employment in public companies.
The article will appear in the upcoming print edition of AJP, the first page with table of contents and abstract can already be inspected now.
Working under social welfare conditions - Final report of the SNSF research project Thirdlabourmarket
Working in an employment program under social welfare law can be a prerequisite for (unreduced) social welfare benefits and plays an important role in securing the livelihood of social welfare recipients. But under what conditions do people work in these programs?
Prof. Dr. iur. Kurt Pärli, together with Melanie Studer, MLaw, RAin, PD Dr. Gesine Fuchs and Dr. iur. Anne Meier, Avocate, examined this question from a legal and social science perspective in an SNSF research project. They summarize the most important results here.
Labor and social security law aspects of the platform economy: Article in the Basler Juristische Mitteilungen No. 3 / 2020
On January 27, 2020, Prof. Dr. iur. Kurt Pärli gave a lecture at the Basler Juristenverein entitled Arbeits- und sozialversicherungsrechtliche Aspekte der Plattformökonomie, in which he discussed the challenges, risks and opportunities of technological developments for economics, society and the world of work. In this still highly topical subject of the digitalization of the labour market, we as a society are caught between technical progress, inventiveness and creativity on the one hand, and the effective protection of employees on the other. Politicians and public authorities are required to keep a moderate but prudent and watchful eye: Innovation that consists solely of circumventing applicable labor and social protection standards does not deserve protection.
The written version of the lecture has now been published in full as the lead article in the third edition of Basler Juristische Mitteilungen 2020.
"End of an odyssey": Article on labor and social security law issues of the sharing economy in the VPOD magazine of March 2020
Together with the trade union Unia, Prof. Dr. iur. Kurt Pärli presented his publication on the sharing and gig economy , published by Schulthess, at a media conference. In its March issue, the VPOD trade union magazine addresses the fundamental problem of bogus self-employment and highlights the urgent need for action by Seco and the Federal Social Insurance Office in its conclusion.
Coronavirus: Article on employment law in Switzerland for a special issue of the Italian Labor Law e-Journal
In a special issue, the Italian Labor Law e-Journal provides a systematic and comparative overview of the different labor law regulations in various countries around the globe during the Corona pandemic. Prof. Dr. iur. Kurt Pärli has presented the situation and regulations in Switzerland in his article.
Coronavirus: Article on particularly vulnerable employees in the Jusletter of April 20, 2020
The COVID-19 disease is much more serious in older people and in the presence of certain pre-existing conditions. Accordingly, the question arises as to how these particularly vulnerable persons are to be protected in the employment relationship. The member of the Federal Council amended the controversial provision in the COVID-19 Ordinance 2 on 16 April.
Working from home still has priority, but based on this, Art. 10c of the ordinance provides for further options and, as a last resort, leave of absence with full pay.
The new provision is balanced, but still incomplete, the comment by Prof. Dr. iur. Kurt Pärli in the Jusletter of April 20, 2020 is available for download here in full length.
Guest commentary on contact tracing with a smartphone app in the corona crisis
Together with Bruno Baeriswyl, Data Protection Officer of the Canton of Zurich, Prof. Dr. iur. Kurt Pärli has written a guest commentary in the NZZ of 16.04.2020. The article deals with data protection issues surrounding a smartphone app that uses contact tracing to accompany the easing of the measures taken by members of the Federal Council and prevent a second wave of infection. In view of the panoptic dimension of the monitoring and control possibilities that such an app issuances, the authors advocate a state solution in order to ensure adequate protection of private data and fundamental rights in general.
At this point, we would also like to refer you once again to the Ius Coronae platform of the Faculty of Law at the University of Basel, which provides an overview of current legal research contributions on the coronavirus crisis.
SZS 3/2020: Comment on the Corona Ordinances of the Federal Council on Unemployment Insurance and Loss of Earnings
In a commentary in the SZS of March 25, 2020, Prof. Dr. iur. Kurt Pärli comments on the ordinances on unemployment insurance and compensation for loss of earnings, both of which are part of a comprehensive package of measures by members of the Federal Council to combat the corona epidemic and mitigate its economics and social consequences. The article discusses social insurance claims on an emergency law basis and analyzes the corresponding provisions in the context of further measures and employment law.
Article on employment law and corona in the Jusletter of March 23, 2020
The coronavirus is not only leading to drastic changes in our everyday lives, it is also causing uncertainty in the world of work. Numerous questions arise for employers and employees, in particular in the areas of default of acceptance, obligation to continue to pay wages, termination and liability in the event of insufficient health protection. Prof. Dr. iur. Thomas Geiser, Prof. Dr. iur. Roland Müller and Prof. Dr. iur. Kurt Pärli discuss the legal provisions, including the amendment to COVID-19 Ordinance 2, which only came into force on 16 March and 20 March 2020. The most important questions of employment law are then answered with reference to the relevant principles. The article concludes with specific recommendations for labor law practice and can be downloaded in full here.
Article in the Labor Law Journal
Together with Jasmin Vögtli, MLaw, Prof. Dr. iur. Kurt Pärli has written an article for the American Labor Law Journal, which was published in the spring issue on March 16, 2020. The article deals with the control of employees on the basis of internal company codes of conduct from an employment law perspective and is available for download in full here.
Master's thesis by Laura Kunz
We would like to take this opportunity to congratulate Laura Kunz, MLaw, on the publication of her master's thesis on undeclared work from a social security law perspective .
Undeclared work is a complex phenomenon: not only does undeclared work take place in secret, which is why its extent is difficult to determine, but it also harms the general public and the individual employee. Undeclared work is also not a uniform legal concept and affects social security, immigration and tax law.
In her work, Laura Kunz examines the central role of the employer in the context of undeclared work under social security law. The legal obligations of the employer in connection with undeclared work in the various social security branches are elaborated, current issues - for example in the context of digitalization - are dealt with and finally recommendations are made to both the employer and the legislator to combat undeclared work under social security law more effectively.
The work appears in volume 31 of the series Law in Private and Public Companies, which is edited by Prof. Dr. iur. Kurt Pärli together with Prof. Dr. iur. Roland Müller and Prof. Dr. iur. Thomas Geiser at Dike Verlag.
Postponed, probably to the beginning of November: Lecture at the 3rd African Labor Law Society Conference
Prof. Dr. iur. Kurt Pärli will give a lecture on employment relationships in the platform economy at the 3rd African Labour Law Society Conference at the University of Botswana in Gabarone. In a comparative law approach, he will present and analyze recent judgments of courts in different countries. Due to the corona pandemic, the conference has been canceled for the time being. The situation is expected to be reassessed in August and the event will be postponed to the beginning of November if possible.
Contribution to an anthology by the University of Bristol on employment programs in social welfare in European countries
Together with Melanie Studer, MLaw, RAin, Prof. Dr. iur. Kurt Pärli has written an article for the book Welfare to Work in Contemporary European Welfare States, which examines employment relationships under social welfare law for their compatibility with the right to free choice of occupation and the prohibition of forced labor. welfare to Work in Contemporary European Welfare States is an anthology that examines employment programs in social welfare in various European states from a legal, sociological and philosophical perspective and was published at the beginning of 2020.
Lecture at the Basler Juristenverein
As part of the lecture series of the Basler Juristenverein, Prof. Dr. iur. Kurt Pärli discussed employment and social security law issues relating to employment via internet platforms on January 27, 2020. The slides of the presentation are available for download.
Medjus à la carte - presentation at the asim reviews at the University Hospital Basel
The assessment of the ability to work is a central issue in many medical reports. From a medical perspective, the interplay between the primary labor market, sheltered employment, employment programs and other forms of employment is often difficult to classify and assess. Prof. Dr. iur. Kurt Pärli has examined the legal questions arising in this context as part of the National Fund project "Employment relationships under social welfare conditions: Legal framework, dissemination and regulation (gaps)", and will present the results with a special focus on health aspects at the asim training event on January 29, 2020 at the University Hospital Basel. The slides of the presentation are available for download.
Report on the protection of older employees against discrimination
In a report commissioned by Avenir50plus Switzerland, Prof. Dr. iur. Kurt Pärli has expressed his criticism of the protection against age discrimination that passes for employees. In an article in the research magazine UNI NOVA, he points out the fundamental problems and suggests, among other things, that the lack of legal protection for older people in the labor market should be countered with a legal regulation that is "neutral" with regard to age.
Proceedings of the Tschudi Symposium published
The well-attended symposium Hans Peter Tschudi - an employment and social security lawyer with vision held on 16 May 2019 to pay tribute to the legal work of the legendary member of the Federal Council (1959 - 1973) is probably still vividly remembered by various participants. The recently published conference proceedings by Prof. Dr. iur. Kurt Pärli and Prof. Dr. iur. Thomas Gächter contain the speakers' contributions, a report on the lively panel discussion and a list of his publications and the dissertations he supervised.
Lecture on personal responsibility in social insurance at the Long Night of Criticism in Basel
Personal responsibility enjoys a high status in the Swiss legal system; the Federal Constitution explicitly mentions it with regard to social objectives. However, the resulting obligations can justify far-reaching interventions in the personal sphere, for example in the area of social insurance law. In his lecture on 22 November 2019 at the start of the Long Night of Criticism at the Planet13 internet café in Basel, Prof. Dr. iur. Kurt Pärli takes a critical look at the concept of personal responsibility in social insurance and shows, among other things, to what extent the resulting duty to mitigate damages can lead to discrimination without taking the social context into account.
Lecture at the Colloque International Egalité Professionelle in Bordeaux
Late, but better late than never - the road to equal pay in Switzerland. Prof. Dr. iur. Kurt Pärli gave a lecture on equal pay for women and men in Switzerland on November 14, 2019 as part of a comparative law colloquium at the University of Bordeaux. Prof. Pärli provided an overview of the history, present and legal basis for achieving equal pay in Switzerland and discussed further sustainable development in light of possible obstacles. Much has been done, but more remains to be done.
In this context, reference should be made to the discussion paper on the "Discrimination potential of individual explanatory factors for measuring equal pay between women and men from a legal perspective", which Prof. Pärli prepared for the Federal Office for Equal Opportunities for Women and Men with the co-worker Camill Oberhausser. Both authors will elaborate on the subject in an article for the Jusletter of 25.11.2019.
New publication "Labor and social security law issues in the sharing economy"
In November 2019, a new publication by Prof. Dr. iur. Kurt Pärli will be published by Schulthess Verlag. In "Arbeits- und sozialversicherungsrechtliche Fragen der Sharing Economy - Problemstellung und Lösungsansätze bei der Plattform-Erwerbstätigkeit ", Prof. Pärli takes a critical look at the new business models and forms of employment emerging in the course of digitalization, thus posing highly topical questions and possible answers for employment and social security law for discussion.
Report on labor law in "10vor10" SRF1
US companies such as Google are coveted employers in Switzerland. However, certain companies, including Google, need help from the trade unions to ensure that employees are granted their rights. Prof. Dr. iur. Kurt Pärli explains the potential for conflict between the internal regulations of globally active companies and national employment laws in a contribution to the "10vor10" programme on 29 October 2019.
Employment and social security law: exchange between academia and practice on December 10, 2019
We are pleased to announce another event in the series "Labor and Social Security Law: Exchange between Academia and Practice" on December 10, 2019. Labor and social security law are the teaching and research focus of the professorship for Private Social Law. With this annual series of evening events, we want to offer an insight into the diverse activities at our chair and, above all, promote the exchange between legal science and legal practice.
Participation in this evening event is free of charge. For organizational reasons, interested participants are requested to register with the Pärli Chair by 2.12.2019 at the latest.
Studio talk "Kontext" Radio SRF2
On July 7, 2019, Prof. Dr. iur. Kurt Pärli was a guest on the program "Kontext" on Radio SRF2. The subject of the program was the unemployment of people over 50 and in particular the fact that even loyalty to the company does not protect against dismissal. You can listen to the whole interview HERE.
Report for the Federal Office for Equal Opportunities for Women and Men (FOGE)
On May 22, 2019, the Swiss Confederation published a discussion paper on the subject of "Discrimination potential of individual explanatory factors for measuring equal pay opportunities between women and men from a legal perspective", which Prof. Dr. iur. Kurt Pärli prepared for the Federal Office for Gender Equality (FOGE) with the co-worker Camill Oberhausser, BLaw. Download report