Questions tagged [switzerland]
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the contrary of Switzerland and its cantons.
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In Switzerland, is it legal to make an employee liable for damage, loss, or theft of company property?
My Swiss workplace issued me a laptop. They also issued me a paper detailing the price in Swiss francs of the laptop, apparently with the expectation that I'd pay that amount if anything happened to ...
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Does running your own limited liability company constitute employment? [closed]
What exactly is "employment"? Does running my own limited liability company (GmbH or similar) constitute "employment"?
I am asking this because my (Swiss) employment contract (...
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Do Swiss banks have the right to demand seeing a visa for a foreign country?
A friend who is a Swiss citizen and resident of Switzerland has a checking account with a Swiss bank. Because of a stay in the US, he was asked to file a "Status Declaration Form for Individuals&...
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Property ownership of liquidated company
Around a decade ago the company I was working for launched a new startup. It was owned by my company and I was tasked to work as a consultant helping them set up their IT infrastructure 50% of my time....
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difference between work and contractual obligations
In an employment contract, what is the difference between "the course of work" and "performance of contractual obligations"?
For example, in the Swiss Code of Obligations:
Art. ...
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Are unmatched asterisks allowed in ads?
I received a flyer which advertises a "free" service trial. The word "free" appears three times overall and each time it has an asterisk, but neither on the front nor on the back ...
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Does creating an unpaid event poster for a commercial event constitute commercial use?
Licenses of artworks or stock photos often state that they are free for non-commercial use.
Assume I create a poster for an event. I do not sell the poster, but the event is commercial (has an entry ...
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Are coworking companies bound by legal precedent not to use the intellectual property nor trade secrets of its customers?
The companies which operate coworking facilities are in a position to learn a lot about a person's business. Every facility I've seen is blanketed with cameras, potentially including microphones, the ...
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A Swiss watch company seized my watch, saying it was stolen. I bought it 10 years ago. Is that legal?
I have a watch from Blancpain that I bought in 2014 from an individual in Poland (I have a written contract). I've sent the watch to Blancpain in Switzerland for periodic inspection and they seized it,...
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What happens with seized money?
Daniel the drug dealer was caught with 20.000€ of illegaly earned money while crossing the border into Switzerland. The money was covered in traces of all kinds of drugs, so the court did not believe ...
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What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?
Alex the accused has been charged with a series of crimes. The list of charges is long (beating up his wife, speeding while drunk, trafficking...) and for most crimes, the evidence presented by the ...
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Do Swiss banks allow investigation of foreign embezzlement claims?
There is reason to suspect someone who took a 91 year old French lady twice to Switzerland of embezzlement. The year after, she spent 50,000 on a veranda.
The old lady is thought to have had shares ...
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Freedom of the press regarding secret government information?
There's quite a scandal going on in Switzerland about secret government information that was leaked to the press during the pandemic. Some government employees apparently have mailed information about ...
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Change name and gender in Switzerland as a non-Swiss citizen
So I live in Switzerland, but have British and Italian dual citizenship. I want to change my name and gender legally everywhere or at the very least on official documents here in Switzerland. I may be ...
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How much social media control can your employer exert over you?
Can a swiss employer force the employee to change the display picture and full name of your personal linkedin profile?
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Means of contract termination (Switzerland)
The Swiss company Yallo (telecommunication) does not accept written contract terminations (see here).
Is this legal according to Swiss contract law?
Since I'm a layman I could only find this article ...
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Can a judge consider recent events in an older case?
Bob likes fast cars. Two months ago, he was unfortunately caught for excessive speeding. Both his car and his driving license were confiscated immediately. By law (SVG Art 16c, Abs 2 a_bis and Art 90) ...
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Is it considered harassment if a neighbor threatens with legal actions on whatever I do on my property
I hope this question is appropriate here.
I moved into a house in a nice neighborhood a few months ago. I get along with most neighbors very well, but there is the one troublemaker like in every ...
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Can a copyright holder sue someone in Switzerland for downloading their copyrighted works?
I recently learned that Switzerland decriminalized downloading most/some copyrighted works – for "private use".
But that only seems to cover criminal penalties. Does that same act/law, or ...
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Total cost of theft (or other property crime)?
Suppose Bob earns his living by stealing from a specific supermarket store. Now one day, he is caught and the police can prove he stole stuff for a total value of CHF 10000. Now several things will ...
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German Strafbefehl for Swiss Resident
M F Whitaker asked [a question]
(appealing a penalty notice) which has since been closed because it asked for legal advice in a specific case. I believe that there are two questions of general ...
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How to avoid unwarranted bills as a victim of online order fraud (with zalando)
What has happened
A unknown party has ordered multiple items from zalando.ch (a clothing retailer), while using my address as the delivery address.
Note: I have no account there, and never ordered, so ...
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How do the safety cameras for documenting road events agree with recent privacy laws?
It is quite common to hear about small cameras that some cyclists and also car drivers use to record the surrounding traffic. In case of a road accident or otherwise very blatant violation of the road ...
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When can employer on hourly basis cancel work at the latest?
I'm trying to find out if a new policy implemented by my employer is legal. I'm employed on an hourly basis, no minimum amount of work, with shift plans made yearly. Now they started cancelling some ...
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"Discrimination" due to COVID-19 Certificate requirements
Many European countries issue COVID-19 Certificates (with varying names), that indicate whether a person is vaccinated, has recovered or has been tested. Access to some locations (restaurants, cinemas,...
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Can a natural person issue stock in a private project they’re working on?
I’m trying to find out about the legality of issuing stock in some project you’re working on if you’re just a natural person, by which I mean that you haven’t knowingly founded any sort of ...
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Licensing self-written software and trademark to the company which I own
I wrote software (as a hobby) a while ago and also registered a trademark for it. I thought about trying to commercialize the software, and realized that in order to limit my risks it makes sense to ...
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Legal protections for an expired email domain
Recently, there was a question on Information Security which asked what could be done to protect the confidentiality of his contacts in the case that his custom email domain expires and someone else ...
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Website project canceled. Do I need to Restore old page? [closed]
A person contacted me to create a website for him for a fixed price. I verbally agreed. After the client always asked for more functionality, I decided to define the scope in a written contract, also ...
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Does the receiver need to report invalid customs declaration on international shipment
Lets assume the following very likely scenario that definitely happens more than often: I have ordered a product from outside the country that - including shipping - exceeds the amount where you dont ...
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Is this (seeming ageism) legal in Switzerland?
I am a freelance software developer. I have just received an email describing a possible position in Switzerland. Among the requirements, all others for technical knowledge & skills, was this:
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In Switzerland, is accident insurance legally required to have medical care vetted by a third-party doctor?
I work in Switzerland, so I'm legally required to have accident insurance. I had a bicycle accident about three months ago and sustained a few injuries, including an ongoing rotator cuff problem for ...
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Tariffs for ordering goods from switzerland to Germany
I am a passionate Magic: The Gathering player and as is commonly known some of the older cards can have values of 100€ of euros. I am thinking about ordering such a card from switzerland for the price ...
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Is there an equivalent of small claims court in Switzerland (Basel canton)?
I'm in Switzerland, and I'm involved in a dispute over about 300 Swiss francs. I can anticipate needing to take it to court.
In the US, there exists "small claims court" where, instead of ...
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Can the "Promise of leaving country after studies", part of a student permit request be used to refuse a marriage?
This question concerns Switzerland, but I suppose this can apply to many countries with similar rules.
When a foreigner (non-CH or EU citizen) applies for a student (B) permit, this person has to ...
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Is it illegal in Switzerland to download scientific books from sci-hub?
In a thread on Academia.se, we are discussing the legality of using Sci-hub in Switzerland; for instance, for a university student to download articles used to write their thesis.
This document ...
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Bring non-EU parent in Switzerland after becoming Swiss citizen
I tried to find information about this, but without success.
Let's say that a non-EU national becomes a Swiss citizen by living in Switzerland for a certain amount of time and by satisfying all of the ...
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Facilitated Swiss citizenship for Non-Eu citizens
I'm curious about the facilitated Swiss citizenship process for a Non-EU citizen, but without being in registered partnership nor marriage with a Swiss citizen. As a side-note, the job that person ...
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Do VPN providers really operate under single jurisdiction, even though their servers are located in many different countries?
For example, ProtonVPN claims in many places (e.g. Transparency Report, Terms and Conditions, Privacy Policy) that their service operates "under Swiss law", which, among other things (based on their ...
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Why do legal documents often have a place next to the date?
I am talking about Switzerland. So why is there often a line for the place next to the date? Is it for some historic reason, to be easier to archive or is it to prevent fraud? Does anybody know more ...
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How to protect my idea in another country?
I have an idea about possible creation of a product that in my opinion would be on demand among smartphone users. I have found a potential company In Switzerland and I think about offering them my ...
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Fake company. What charges to raise in Swiss law?
Which are in Switzerland the possible charges against a self-employed person that never declared his professional activity but uses a company name to be invoiced and has a company website?
The ...
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Can a country exit the TRIPS Agreement without exiting the WTO?
Is it possible for a country to exit the TRIPS Agreement without exiting the WTO?
My question is basically whether or not the TRIPS Agreement is an essential part of the WTO or basically ...
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Copy of ID card: blacken / hide fields that are not relevant (Switzerland)
In recent c't there is an article about GDPR (Sorry for the German). In Switzerland there is so far no GDPR, but we have a similar mechanism called Auskunftsrecht.
In article there is written that ...
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Cyclist contacts overtaking car - who is at fault?
Say a car narrowly overtakes a cyclist who at that moment starts to signal that they want to turn by extending their arm outwards toward the car. The car left so little room that the cyclist ...
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"No logs" in Switzerland and Internet crime
ProtonVPN says that their servers are in Switzerland and that:
Under Swiss law, we are not obligated to save any user connection logs, nor can we be forced to perform targeted logging on specific ...
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Swiss naturalization
My crude understanding has been that one can become a citizen of Switzerland only by becoming a citizen of one of the cantons, and one can become a citizen of a canton only by becoming a citizen of a ...
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Can I legally publish a compilation of copyrighted material without licence? How?
I have bought a book A which contains much content, and a second book B which relies on some of that content. I took the time to compile only the content from A that is relevant for use with B into a ...
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How can a country reclaim money held in Swiss bank(s)?
Suppose, a 3rd world country X had a corrupt/autocratic government in the 90's. Politicians embezzled a lot of public money and deposited them in various banks in Switzerland.
In the 2010's, that ...
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Is this a pyramid scheme? If so, how do I stop it?
A dear, yet very naive friend of mine has fallen into the hands of what I think to be a pyramid company (operating from switzerland). I've talked with this friend of mine for a while yet she is ...
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