No matter what part you play in the economy, our blog will provide you with a wealth of up-to-date and interesting articles, resources and checklists from the various areas of law.
The blog’s authors are all partners and employees of our firm, ensuring you benefit not only from the best legal knowledge, but also from examples drawn from their many years of practical experience.
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Marcel Steinegger has over 20 years of litigation and trial experience in a variety of mainly international but also domestic commercial and corporate cases including representing individuals and companies in regulatory enforcement proceedings. His practice also includes representing clients in criminal matters, mainly white-collar crime cases. He has in-depth experiences in cross-border litigation and international judicial assistance issues in civil and criminal matters, particularly in asset recovery, repatriation of assets and being expert in foreign proceedings. Many of Marcel Steinegger's clients have required his assistance regarding compliance, particularly anti-corruption and anti-money laundering issues, and other corporate, commercial, M&A or regulatory concerns. Long-term mandates as a board member including one of a bank provide him with the practical experiences on strategical and entrepreneurial topics. As a former law clerk at the District Court of Zurich and as a trial lawyer Marcel Steinegger gained a thorough knowledge in any kind of employment law matters, an additional area of expertise and specialization. He further assists HR managers and HR departments and gives lectures in employment law and HR matters. Marcel Steinegger has been a partner since 2001 and obtained his law degree from the University of Zurich in 1988 and his post-graduate degree from the University of San Diego (LLM) in 1998. His working languages are German and English. Marcel Steinegger is a member of the Zurich Bar Association.
The coronavirus pandemic continues to dominate our everyday lives. The Federal Council is now gradually beginning to ease measures and lift bans. Since 27 April 2020, certain industries are allowed to reopen their businesses. From 11 May 2020, shops, restaurants, markets, museums and libraries may also reopen under strict compliance with distance and hygiene measures. This raises a number of questions for employers. Some of them will be discussed briefly here.
The novel coronavirus, which has been declared a “public health emergency of international concern” by the WHO, continues to spread. Besides China, coronavirus cases have been confirmed in more than 30 countries. The virus has now also arrived in Switzerland and as a result, employers need to be aware of the employment legal issues involved. In particular, employers need to know what to do if employees refuse to attend work through fear of contracting the coronavirus at the workplace or if employees already have the virus. A number of different scenarios are possible, which we will briefly highlight in this blog post.
Flexible forms of work are in vogue, not only for companies, but also for service and labour providers. Independence offers advantages for both sides. But when is a freelancer really a freelancer and not an employee?
Flexible collaboration models are not always easy to qualify legally. From the perspective of civil law, are the "commissioned" persons employees or agents and from the perspective of social security law, are these persons self-employed or employed persons? These questions of delimitation are, as will be shown below, of great importance for the contracting parties involved and also of frequent concern to the courts.
The 2007 Lugano Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters currently forms the basis for the reciprocal enforcement of judgments between the member states of the European Union and three countries of the European Free Trade Association (EFTA) (Switzerland, Norway and Iceland). The Lugano Convention is in essence the equivalent of the Brussels I Regulation of 2001.
The Federal Council has issued new regulations on recording of working time, which entered into force on 1 January 2016. The revised rules in the Regulation No. 1 to the Employment Act (Employment Act Regulation 1) are intended to relax the duties on recording working time for employees that have a large degree of freedom in how they structure their work and can generally determine their working times themselves.