Employment | Public Personnel Law
I advise and represent employees in matters of private employment law and public personnel law. See Work
When negotiating and concluding employment contracts, there may be ambiguities and uncertainties (e.g. profit sharing, commission, validity and scope of a non-competition clause, etc.). If such ambiguities exist, they can be clarified and eliminated with advice and, if necessary, adaptation of the employment contract.
Confirmations of employment, references and interim references are formulated by the employer. If the employee does not agree with the content, he or she can usually reach an agreement with the employer on an adjustment if a skilful approach is taken. The focus is usually on questions of benevolent wording and completeness.
The employee appraisal is an important element in the assessment of performance and conduct in the employer’s reference letter. If an unjustifiably poor employee appraisal is accepted, it becomes more difficult to enforce a better appraisal in the reference letter.
The termination of the employment relationship by the employee usually does not raise any particular questions. In individual cases, there may be ambiguities that can be resolved through counselling (e.g. on the notice period, fixed-term employment, form and service).
If the employer terminates the employment relationship, various questions may arise for the employee concerned (e.g. compliance with the notice period, fixed-term employment relationship, termination during or after the probationary period, unfairness, termination without cause).
During or at the end of the employment relationship, the employee may have claims against the employer. Which claims the employee has must be examined in each individual case. If these claims are not recognised or not settled by the employer, they must be enforced.
In the event the employer makes claims against the employee (e.g. compensation for damages) or makes unusual deductions from wages, it must be examined in each individual case whether the claim is justified. If it is not justified, the employee must defend himself against it.
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Rent
I advise tenants and landlords on matters of tenancy law. See Rent
Most tenancy agreements for residential properties and movable property are concluded with standard tenancy agreements. The start date, whether the contract should be limited or unlimited, the period of notice and, if necessary, a minimum duration must be negotiated. Additional agreements can also be made with standard tenancy agreements, such as an exit option before the expiry of a minimum term, the exclusive use or joint use of facilities and equipment, etc. The tenant is entitled to the same rights as the other tenants. In the case of tenancy agreements for residential properties, landlords sometimes reserve a rent reserve. If there is any ambiguity about additional agreements and reservations, it is advisable to seek advice.
Under certain circumstances, landlords may make unilateral adjustments to the lease (rent increase, etc.). In each individual case, it must be checked whether the adjustment itself and the scope are permissible.
If the tenant wants to sublet the rented property, he needs the landlord’s consent. The landlord may refuse consent under certain circumstances. Whether the conditions for refusing consent are met must be examined.
In apartment buildings, tenants are obliged to show consideration for each other. If one tenant does not comply, this is unpleasant for the others. It is the landlord’s responsibility to ensure that all tenants comply with the duty of consideration and the house rules. The best way to proceed is to be examined in each individual case.
If there are defects in the rented property, the tenant may be entitled to a rent reduction and, if the conditions are met, to compensation for damages. If the landlord does not remedy the defect, the tenant is entitled under certain circumstances to terminate the tenancy agreement without notice or to have the defect remedied at the landlord’s expense. The prerequisites and the procedure must be checked in each individual case; arbitrary action is not advisable.
When the landlord terminates the tenancy, it may have drastic consequences for the affected tenant of a residential property. The question is whether the termination is admissible or abusive and whether the tenant can obtain an extension of the tenancy. An extension of the tenancy is excluded in certain situations (e.g. termination due to default of payment by the tenant). If there is any uncertainty, it is advisable to seek advice.
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Neighbours
Property owners are sometimes confronted with emissions from neighbours (noise, dust, vibrations, etc.). Such emissions are disturbing. Whether they are to be tolerated or whether the neighbour can be required to stop them must be examined in each individual case. An agreement is preferable to a legal dispute.
Plants (trees, bushes, shrubs), fences, palisades and garden sheds regularly give rise to questions. The permissible border distances and heights are regulated by cantonal law. If the distances and heights are not complied with, the neighbour may be required to trim his bushes, for example. Here, too, an agreement is preferable to a legal dispute.
Condominium ownership
Condominium ownership is governed by Art. 712a ff. of the Swiss Civil Code. Condominium units can only be self-contained units or rooms. The law regulates the principles of establishing condominium ownership, the disposition of condominium units, management and use, as well as common costs and burdens.
The condominium owners’ meeting is partly regulated in Art. 712m ff. CC. Insofar as these provisions and the regulations on the condominium owners’ meeting leave questions unanswered, the law on associations applies in a subsidiary manner. Each condominium owner has one vote at the meeting unless the regulations provide otherwise. Resolutions of the condominium owners’ meeting may be challenged if the conditions are met. The court may only annul the contested decision, but may not make its own decision in place of the condominium owners’ meeting.
The allocation of costs and the bearing of costs occasionally give rise to discussions, especially when questions of delimitation arise. If a pipe is defective and has to be replaced or repaired, the question arises whether the costs have to be borne by an individual condominium owner (allocation to the condominium unit) or by all condominium owners as a common installation.
When buying and selling condominium units, all previous resolutions of the condominium owners’ meeting must be disclosed to the buyer. If there is a reserve fund, the seller’s share of it must be transferred to the buyer and taken into account accordingly in the purchase price.
Claims
If someone has a claim against another person and the other person does not pay, the enforcement of the claim is an option. The costs and risks of enforcing the claim must be weighed against the prospects of success. The course of action must be determined according to the type and basis of the claim.
If a claim is asserted against someone, he can and should defend himself against this claim if the claim does not (or no longer) exist or does not exist in the amount asserted or is time-barred. Whether a claim can be successfully defended or reduced must be examined in each individual case.
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Unjustified debt enforcement
Sometimes a debt enforcement procedure is initiated unjustifiably, for example in the case of an invoice that has already been paid, a claim that does not exist, confusion about the identity of the debtor or the initiation of a debt collection procedure as revenge, etc. The debtor who has been wrongly prosecuted can defend himself against the debt enforcement procedure. If the requirements are met, the entry in the debt collection register may not be disclosed to third parties.
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