Publications

2022

March 2022: Dominique Anderes in the magazine Finanz und Wirtschaft of March 26, 2022 on shareholders' rights

Attorney-at-law Dominique Anderes answered questions on shareholders' rights to information and disclosure under the current stock corporation law still in force today with reference to the revised stock corporation law, which will come into force in 2023. Among other things, the revised stock corporation act provides for a strengthening of the legal position of shareholders.

The entire article in German you may find here   >>> to the article

February 2022: Dominique Anderes in the magazine Finanz und Wirtschaft of February 26, 2022 on the subject of public takeovers of listed companies and questions from shareholders

Shareholders face a decision: The Australian biotechnology group CSL is offering shareholders of Vifor Pharma AG the equivalent of around CHF 165 per share in cash, a proud premium of 60% in comparison to the interim low at the beginning of December last year. The offer expires on March 2 at 4 p.m., i.e. shareholders have until then to decide whether they want to accept this public offer. Attorney-at-law Dominique Anderes provided answers to the questions of what options are available to shareholders from a legal point of view.

The entire article in German you may find here   >>> to the article

2021

September 2021: Attorney-at-law Dominique Anderes explains in the WEKA Newsletter published in September 2021 the legal regulations governing the assignment of foreign employees in Switzerland

According to the agreement between the European Union and Switzerland on the free movement of persons, foreign companies may send their employees to Switzerland to perform work. Attorney-at-law Dominique Anderes explains some key aspects of the federal law governing the assignment of foreign employees in Switzerland, the applicable labour law, and the foreign nationals and integration act, which must be observed by foreign employers. Foreign employers violating these laws may face costly sanctions. 

The detailed article in the WEKA Newsletter of September 2021 can be read here >>> to the article

2020

December  2020: Attorney-at-law Dominique Anderes explains in the WEKA Newsletter published in November 2020 the statute of limitations of labour law claims

The newsletter highlights the claims of employees as well as of employers and the respective applicable limitation period which starts with the due date of the claim. Monetary claims of a wage nature are subject to a limitation period which expires after 5 years as of the due date, whereas claims of a non-wage nature are subject to the general 10-year limitation period.

The entire article in German you may find here   >>> to the article

2019

December 2019: Voluntary bonus payment or compulsory salary? In December 2019, KMU Magazin will publish the guest article by Mark Bruppacher and Dominique Anderes on costly pitfalls with bonuses and variable remuneration in the employment contract

The guest article explains the differences between voluntary payments that are at the employer's discretion (so-called voluntary "bonus payments") and variable salary components that the employer is obliged to pay and cannot reduce unilaterally. Whether there is an actionable wage claim that can be successfully brought by the employee before the labour court depends on the contractual arrangement or implementation. Depending on the implementation, even a supposedly voluntary bonus can turn into an actionable wage claim.

The entire article in German you may find here >>> to the article