In its ruling of 5 January 2022(4A_330/2021), the Federal Supreme Court overturned a ruling of the Commercial Court of the Canton of Aargau and dismissed the action brought by an establishment (restaurant and bar) against an insurance company.
Read moreMany small and medium-sized enterprises still find themselves burdened with the full cost of business rent, despite ongoing losses in turnover due to the COVID-19 protection measures. Now, however, a solution is emerging in parliament.
Read moreHow the impact of Covid-19 on a contractual relationship is dealt with under Swiss law depends primarily on the language of the contract. If it contains a specific "force majeure" clause dealing with a pandemic, that clause applies. Of course, such explicit clauses have not been widely agreed prior to the pandemic. In this case the contract has to be construed in order to determine the intent of the parties, and the Swiss Code of Obligations (CO) applies if it is found that the parties have not made a provision dealing with the impact of a pandemic.
Read moreThe Federal Council provided information on the COVID-19 measures in tenancy law on 27 March 2020. Some issues have been clarified with the new Rent and Lease Ordinance. However, many urgent problems remain unresolved.
Read moreThe arrangement of home offices has legal aspects, but these can be regulated temporarily and pragmatically with minimal effort.
Read moreThe employer's access to e-mail addresses in the name of an employee is problematic from the point of view of personal rights and data protection and must be regulated in a set of rules.
Read moreCorona and COVID-19 impose several additional obligations on employers. How can workers be protected without productivity suffering? What is the obligation to pay wages? Can home office be ordered?
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