Constructed facts from Swiss employment law, entered the way a law firm enters them in the portal. What follows was produced by LEXchat: the follow-up questions of the pre-analysis and the first analysis with its sources.
What you are looking at: the output of LEXchat for constructed cases, unedited in the German original — not legal advice, not reviewed by a lawyer, unrelated to any real mandate.
Machine translation of the German original, not reviewed by a lawyer. Only the German version is authoritative.
This concerns an employment relationship under private law (a trading company in Baden AG), and thus Art. 337 et seq. OR; federal personnel law and cantonal personnel law do not apply. …
15 norms · 16 decisions · 2 follow-up questions
View case PDF · 231 KBThe legal bases for the claim are Art. 321c para. 3 OR for the additional hours between 42 and 45 hours per week and Art. 13 para. 1 ArG in conjunction with Art. 12 para. 1 ArG for the 210 hours above the maximum weekly working time; the central legal questions are (i) the scope …
18 norms · 5 decisions · 1 follow-up question
View case PDF · 197 KBThe "holiday purchase" is an agreement on additional holidays beyond the statutory minimum in exchange for a waiver of salary; under Art. 19 para. 1 OR it is permissible as long as the statutory minimum holiday entitlement of four weeks (Art. 329a para. 1 OR) remains untouched …
12 norms · 5 decisions · 2 follow-up questions
View case PDF · 216 KBUnder Art. 20 para. 2 FWG/BL, the fitter's fire brigade service is expressly to be treated as the exercise of a public office within the meaning of Art. 324a para. 1 OR; the wage deductions made so far for the hours lost due to call-outs are therefore — within the limits of the …
14 norms · 5 decisions · 1 follow-up question
View case PDF · 183 KBThe legal review stays with you. The structuring groundwork does not.