International and EU labour law / secondment under the FMPA
I. Articles in journals
| 2022 | Judgment review BGer 2C_470.2020 of December 22, 2021, lower court: Appellationsgericht Canton of Basel-Stadt, Verwaltungsgericht, judgment of April 10, 2020, VD.2019.13, in: BJM 2/2022, pp. 96-110. |
| EU posting law between market and social protection - Recent case law of the ECJ on sanctions and cross-border traffic, in: EuZ 4/2022, p. 1-30. | |
2021 | Impacts of Digitalization on Employment Relationships and the need for more Democracy at Work, in: Industrial Law Journal, dwaa029, pp.1-25, pre print. |
2020 | Discussion of the judgment of the European Court of Justice (ECJ) of December 19, 2019, Case C-16/18, Dobsberger, ECLI:EU:C:2019:1110, in: ARV 2020, pp. 34-38. |
2016 | Import and export in care, in: Pflegerecht 3 (2016), Vol. 5, 161-162. |
2015 | |
2013 | Social assistance or academic achievements of social security? Insurance obligation based on the Agreement on the Free Movement of Persons? (Discussion of BGE 138 V 206 ff.), in: AJP 6 (2013) 927 ff. (together with: Wantz Nadine). |
2012 | Legal issues relating to the employment of foreign nursing staff, in: Pflegerecht, 2 (2012) 91 ff. |
2008 | Tax consequences of Swiss academic achievements in the event of incapacity to work for cross-border commuters from Germany, in: ZESAR 9 (2008) 377 ff. |
2007 | Freedom of movement for workers: placement fee also owed in the case of employment abroad (ITC Innovate Technology Centre GmbH/Federal Employment Agency, ECJ of January 11, 2007, C-208/05), in: European Law Reporter 2 (2007) 76 ff. |
Employment law prohibition of discrimination against European migrant workers under | |
2006 | Significance of ECJ case law for equal treatment claims under employment law according to the Agreement on the Free Movement of Persons, in: Jusletter of August 14, 2006. |
II. articles in anthologies
| 2023 | The Swiss Posted Workers Act and Free Movement of Services, in: Maresceau Marc/Tobler Christa (eds.), Switzerland and the EU - A Challenging Relationship, Leiden/Boston 2023, pp. 117-141. |
EU posting law between market and social protection - Recent case law of the ECJ on sanctions and cross-border traffic, in: Baumgartner Tobias/Kellerhals Andreas/Uebe Wesselina (eds.), EuZ Jahrbuch 2022, Zurich. | |
| 2022 | Religious clothing and symbols in the workplace - responses under European law and their impact on Switzerland, in: Seitz Claudia/Straub Ralf Michael/Weyeneth Robert, Rechtsschutz in Theorie und Praxis - Festschrift für Stephan Breitenmoser, Basel 2022, pp. 1007-1029 (together with Sefora Pileggi). |
Labor law in public procurement, content and effects of the (revised) provisions in BöB and IVöB, in: Zufferey Jean-Baptiste/Beyeler Martin/Scherler Stefan (eds.), Aktuelles Vergaberecht 2022, Zurich 2022, pp. 147-193. |
III Books as author
| 2021 | Posted Workers Act, Stämpflis Handkommentar, 2nd edition, Bern 2021. |
2018 | Posted Workers Act, Stämpflis Handkommentar, Bern, 2018. |
| 2016 | Labor Law in an International Context - International and European Law Influences on Swiss Labor Law, Zurich/St. Gallen, 2016 (together with Tobias Baumgartner, Eylem Demir, Cornelia Junghanss, Sara Licci, Wesselina Uebe), Zurich 2016. |
| 10. September 2024 | Collaboration entre les autorités d'exécution de la loi sur le travail et les commissions paritaires des conventions collectives de travail pour l'exécution de la loi sur les travailleurs détachés, Congress of the Swiss Sociological Association (SGS), Vulnerable Societies: Risks and Responses, FHNW Basel, Muttenz |
| 25. September 2023 | Working conditions in the digital world: What new rights and obligations does the EU package of measures on platform work provide for?, Internet Economy: Flood of regulation from Brussels - Where does Switzerland stand?, Seminar of the Institute for European Global Studies at the University of Zurich, Zurich |
| 2. May 2022 | Introductory lecture on the question of social Europe, Denknetz: Soziales Europa?, Zurich |
| 29. March 2022 | Rules for short-term postings - Swiss Posting of Workers Act and Posting of Workers Directive in the EU, ISLSSL Conference: Cross-border employment relationships - labor, migration and social insurance law issues, Bern |
| 16. March 2021 | Autonomy and the need for more democracy in the word of work, 18th International Conference in Commemoration of Prof Marco Biagi - Beyond Employment: Protecting Autonomous Work, Online Conference, Modena. |
31. January 2020 | Posting and posting law - current issues, 4th Basel Labor Law Conference, recht aktuell, Basel. |
6. September 2019 | Possible risks of ECJ case law on accompanying measures in Europe in the case of postings, International Workshop of the SBA on European strategies in the fight against wage dumping and EU interventions on national aid, Bern. |
31. October 2018 | The Swiss posted workers Act and free movement of services between Switzerland and the EU, UCL Labor Rights Institute event, London |
17. February 2018 | EU Posted Workers Directive and case law of the ECJ, Social Democratic Group of the Swiss Federal Parliament, Bern |
Project | Research leader | Status |
Hand commentary on the Posted Workers Act | Pärli, Kurt | Completed |
| Labor law in an international context | Pärli, Kurt | Completed |
| 21. October 2020 | Article in the bz Basel on the jurisdiction of the Basel public authorities regarding systematic labor law violations on the KVA construction site |
Master's theses - ongoing and completed projects
| Bralic Marina | Cross-border home office |
Erbacher Bastian | Effects of the case law of the ECtHR on the legality of wildcat and political strikes in Switzerland |
| Ringgenberg Alain | Transfer of business CH/EU |
| Starobinski Gabriel | Provisions relevant to labor law in the European Social Charter and the revised European Social Charter - what consequences would ratification have for Swiss labor law? |
Alekseieva Nadiia | Big Business and Human Rights |
Asllani Liridona | Liability issues in staff leasing |
Büklü Suheyla | Staff leasing - a curse or a blessing for the leased employee? With a view to the CBA Staff Leasing |
Cadalbert Tobias | Directive 2019/1152/EU - Contents, effects and a possible need for revision of Article 330b of the Swiss Code of Obligations in the context of the autonomous transposition of EU labor law by Switzerland |
Dillena Anja | Social security law in conflict with fundamental rights and the significance of the ECHR |
Eichenberger Lena | The international and constitutional right to independence of reviews in social insurance law |
Fellmann Nicolas | The integration of labor and social rights into the ECHR through interpretation - And the potential impact of this method on a right to paternity leave in Switzerland |
Frieden Stefanie | Protection of social security claims by the ECHR and its additional protocols |
Gass Jeannine | The relationship between two concepts: Disability as a concept of social insurance law and disability as a concept of protection against discrimination under constitutional and international law and the Disability Equality Act |
Henny Lukas | Parental and disability discrimination protection in the labor market in an international context |
| Johner Lina | Cross-border transfers of undertakings and their consequences under labor law, using the example of Germany and Switzerland as well as within Europe |
Marjanovic Gabriela | Protection of freedom of association and the right to take industrial action under Swiss law |
Marti Jolanda | Fundamental rights requirements for observation in social security law in the context of the Federal Constitution and the ECHR |
| Meier Pia | The concept of employee in international labor law |
Middleton Maurice | The collective bargaining capacity of a trade union in Swiss and German law |
Rentsch Vera | Paternity and parental leave in the light of the ECHR and selected international treaties |
Sauthoff Sven | What options for accompanying measures can Switzerland adopt without violating EU law and what would be the impact of these measures? |
Suter Julia | Protection of the employee's privacy and personal details - requirements of international labor law and EU labor law for national law |
| Suter Kim | Admission of arbitration clauses in international employment relationships |
| Vianin Anastassia | The protection of whistle-blowers - An examination of the Swiss legal situation, taking into account the case law of the ECtHR and legal developments in the EU (Whistleblower Directive) |
Von Sury D'Aspremont Natascha | Protection against dismissal in the USA and Switzerland: a legal comparison |
Wall Maria | Protection of the employee's privacy and personal details: What requirements does international labor law and EU labor law place on national labor law? |
Zenklusen Mischa | Representation of athletes' interests in collective labor law in Swiss and US sports |
Dissertations - ongoing and completed projects
Junghanss Cornelia | Foreign nationals as employees - Legal issues at the interface of labor and migration law | ||||
| Sister Mark Anthony | (Second supervisor) What legal measures should Switzerland take in the fields of private employment law and social security law to combat age discrimination in employment? A comparative analysis of Swiss law and the law of the European Union with particular reference to the legal system of a Member State of the European Union (working title) | ||||
| Terreros Julian Fernandez | The Substantial Modification of Employment Conditions: an International Labor Law Perspective | ||||