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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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Apply for Swiss residence permit: some non-EU nationals related points

I am a non-EU resident currently living in Germany. In addition, I hold a biometric passport that allows me to stay in EU+Switzerland for 3 months per 180 days without having a residence permit. I ...
John Taylor's user avatar
-1 votes
1 answer
72 views

Is it legal to ask for a competing offer providing the information from another competitor?

The local football club is organizing a fun competition once a year. Bobs company has been hired for security and information services every year for a very long time. There have never been complaints ...
PMF's user avatar
  • 6,474
2 votes
1 answer
150 views

What if I sign a work contract and then regret before starting? Switzerland

I got a job offer from company A to start in ~3 months from now, and they want me to sign their contract within one week. Now, I am also awaiting an offer from company B, which already expressed they ...
user171780's user avatar
5 votes
1 answer
448 views

Do I have right to refuse to talk to the receptionist and only talk to the doctor?

In Switzerland, to visit even general family doctor it is normally required to make an appointment in advance that usually means to make a phone call. The chat with the receptionist is normally quite ...
Stančikas's user avatar
0 votes
1 answer
151 views

Which Swiss privacy laws prevent my wife from registering me with the family doctor?

My wife failed to register the doctor appointment for me, because the reception refused to speak to her citing the "privacy laws". It is a normal generic family doctor to go for common cases,...
Stančikas's user avatar
-3 votes
1 answer
92 views

Is it legal to request an ID when applying for residential housing?

Is it legal according to Swiss law to request a full copy of an ID when applying to view residential housing? Swiss agencies often organize viewings for candidate tenants of residential homes. In ...
JJM Driessen's user avatar
6 votes
6 answers
3k views

Why don't law collections show who the author of the law is?

When reading laws of the Swiss government it just says: "The federal council decrees x,y,z.". Now I'm wondering who the author of some text was and there seems to be no way to find out. I'm ...
Hakaishin's user avatar
  • 263
2 votes
0 answers
94 views

Does a false libelous headline, but a correct article count as libel?

Assume a picture of an iPhone and a headline which reads: "Software error leads many phones to explode". Now in the article there is a line below the same image used for the headline which ...
Hakaishin's user avatar
  • 263
1 vote
1 answer
163 views

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 ...
Kyralessa's user avatar
  • 587
-3 votes
2 answers
108 views

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 (...
stf's user avatar
  • 149
1 vote
1 answer
131 views

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&...
user449277's user avatar
10 votes
2 answers
2k views

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....
Cromon's user avatar
  • 213
3 votes
1 answer
114 views

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. ...
stf's user avatar
  • 149
3 votes
1 answer
119 views

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 ...
confused-by-it-all's user avatar
2 votes
1 answer
127 views

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 ...
PMF's user avatar
  • 6,474
42 votes
5 answers
18k views

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,...
Wojciech 's user avatar
17 votes
7 answers
8k views

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 ...
PMF's user avatar
  • 6,474
0 votes
1 answer
57 views

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 ...
bandybabboon's user avatar
8 votes
1 answer
117 views

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 ...
PMF's user avatar
  • 6,474
4 votes
1 answer
276 views

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 ...
Lucy's user avatar
  • 51
1 vote
1 answer
133 views

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 ...
Nicholas Brandt's user avatar
1 vote
1 answer
129 views

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?
asadz's user avatar
  • 119
4 votes
2 answers
378 views

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) ...
PMF's user avatar
  • 6,474
1 vote
2 answers
410 views

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 ...
Thomas's user avatar
  • 119
1 vote
1 answer
122 views

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 ...
Kenny Evitt's user avatar
1 vote
2 answers
109 views

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 ...
PMF's user avatar
  • 6,474
3 votes
0 answers
135 views

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 ...
o.m.'s user avatar
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2 votes
2 answers
1k views

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 ...
Marcel's user avatar
  • 133
1 vote
2 answers
165 views

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 ...
Stančikas's user avatar
2 votes
1 answer
102 views

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 ...
Nobody's user avatar
  • 246
3 votes
3 answers
646 views

"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,...
PMF's user avatar
  • 6,474
6 votes
2 answers
281 views

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 ...
Dawn Drescher's user avatar
-2 votes
1 answer
84 views

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 ...
alexesh's user avatar
  • 11
2 votes
1 answer
124 views

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 ...
UweD's user avatar
  • 1,388
1 vote
3 answers
345 views

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: ...
Mawg's user avatar
  • 705
1 vote
0 answers
24 views

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 ...
Kyralessa's user avatar
  • 587
2 votes
2 answers
110 views

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 ...
Yanick Salzmann's user avatar
1 vote
1 answer
133 views

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 ...
Retrus's user avatar
  • 143
2 votes
0 answers
286 views

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 ...
Kyralessa's user avatar
  • 587
1 vote
1 answer
137 views

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 ...
Tim's user avatar
  • 111
0 votes
0 answers
46 views

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 ...
escplat12's user avatar
  • 121
12 votes
2 answers
1k views

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 ...
Federico Poloni's user avatar
2 votes
1 answer
96 views

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 ...
escplat12's user avatar
  • 121
1 vote
1 answer
187 views

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 ...
user avatar
2 votes
1 answer
290 views

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 ...
Nickkk's user avatar
  • 123
-1 votes
1 answer
148 views

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 ...
OuzoPower's user avatar
  • 151
1 vote
1 answer
70 views

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 ...
Chris Fraser's user avatar
1 vote
1 answer
429 views

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 ...
Sybil's user avatar
  • 115
0 votes
2 answers
151 views

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 ...
Nobody's user avatar
  • 246
12 votes
3 answers
2k views

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 ...
forest's user avatar
  • 988