The labor certificate should be created truthfully and with benevolence. At the end of the employment relationship, the certificate should not – in spite of any personal differences – put any obstacles in the further way of the employee.
In principle, the parties are free to agree on the salary. Minimum wages only exist in unionized professions. The employer is only permitted to offset a claim under limited circumstances and when the minimum living wage is guaranteed.
When the employee cannot work due to a health related reason, numerous questions arise regarding continuation of payments, daily allowance, the possibility of termination and extension of the employment relationship.
In order to be granted overtime, the question is if overtime was necessary or was at least made with the knowledge of the employer. Evidence for overtime and the proof that the overtime was necessary are often very difficult to establish.
Whether termination was made with or without notice, the circumstances and reasons and also the manner of termination are important questions in termination claims. The termination may be abusive. Often, there are questions related to the release of the employee.
A non-competition clause may be invalid unless it is limited geographically and in its content and time. There are often evidentiary problems, which make the clause ineffective in practice.
Several factors can challenge or invalidate the termination. Different rules apply to landlords and tenants regarding the correct termination procedure.
If the rental contract is terminated, an extension may be required. The decisive factor is whether there is an authorization for the extension and the reasons for it. These reasons also determine the duration of the extension.
Value-adding investments to the property can be partially passed on to the tenant. The decisive factors include the life of the investments and whether the property is fully renovated.
A rent reduction can be requested on the next possible termination date. Whether a claim exists, depends on the reference rate, the inflation and the cost increases in the meantime.
If the tenant wants to return the leased property prematurely, he is obliged to find another tenant in order to get released from the tenancy. The replaced tenant must be solvent and willing to take over the lease on the same terms.
The responsible person for the deficiencies has to pay the costs of repair. Defects which impair or reduce the suitability of the rented property for the intended use, may be a reason for rent reduction.
The contractor owes the customer a work without defects, i.e. a success. A defect arises for example if the contract deviates from the actual work product. A comprehensive documentation is therefore of central importance.
If the work or services performed contain any defects or if the defects appear later, the customer is entitled to their removal. He may ask for repair, reduction of the price or rescission.
The applicability of the norms of the Swiss Society of Engineers and the Association of Architects (SIA) requires the explicit agreement between the parties. They contain important special rules and supersede the codified law.
To secure the compensation for work, craftsmen can register a lien on the property within four months upon completion of the work. Thus, the claim receives priority over other claims in case of a liquidation of the property.
In contrast to the work contract, a service contract requires not a success or final work product but an action of the contractor in the interest of the client. Hereby, the contractor has to follow the rules and obligations of the respective profession.
A prior examination of documents eliminates trouble and conflict and protects against additional costs, in particular a possible trial. Moreover, pre-examination can inform the decision to sign a contract.
Each accused person is entitled to a defense in criminal proceedings. If the accused person cannot afford the legal fees and if the accusation is severe, the provisional reimbursement by the state (official defense) must be examined.
We also represent people who have been victims of a crime. To enforce damages against the perpetrator, the victim can also bring a civil suit in light of criminal proceedings.
Most criminal proceedings are completed with a so-called penalty order. Without an appeal within 10 days, the penalty order will be considered as the final judgment.
By committing traffic violations drivers can lose their license. Objections should be made within the proceeding of the penalty order. The decision of the road traffic is normally based on the decision of the criminal authorities.
Sometimes a guilty verdict is inevitable. In this case, it is necessary to focus on the appropriate punishment for the alleged offense.
If the offender is not of legal age at the time of the committed offense, the juvenile justice system is applicable. This system is softer than the adult criminal law and differs from the normal procedure. Measures are usually applicable.
In case of a separation, the allocation of housing, alimony, parental custody and the visiting hours are to be regulated. In case of disagreement, the court decides the above mentioned matters in a specific procedure (protection of marriage).
If the parties desire a divorce, the court will decide about its dissolution and the side-effects. Without a divorce convention, the tribunal shall determine the side effects.
Often concubinage is chosen as the form of cohabitation. The cohabitation agreement is not explicitly governed by the law. We develop an individual contract according to their needs, also for same-sex couples.
Children have the right to be heard. We represent children in civil, criminal and administrative proceedings and inform them, considering their age, continuously about their rights and options.
It is the responsibility of the child and adult protection authorities (KESB) to ensure the protection of persons who are not independently able to obtain the necessary support for themselves. If necessary, KESB orders the appropriate measures.
The joint parental care is the most common form of custody. Only in exceptional cases, the parental care is given to one parent, i.e. if it is necessary to safeguard the child’s welfare. In some cases, a sole or alternating custody has to be examined.
We help you to get your money. Without any payment after the application for debt collection (and if a possible objection has been eliminated), the salary of a working individual without any assets will be distrained and, in case of a company, bankruptcy rules apply.
If the purchased goods do not contain the guarantees of the seller, the buyer can either insist on a flawless delivery, ask for reduced value or withdraw from the contract. The buyer has to check the purchased goods immediately after receipt, otherwise he is deemed to approve the defective goods.
We have many years of experience in areas covered by legal protection insurances and offer our services with favorable conditions. We inform you about the most important steps and are available for you.
Property, especially in real estate, is regulated heavily. Nevertheless, complex legal issues arise with easements, the protection of property, maintenance costs and condominium.
If additional knowledge of specialists is required, we are happy to refer you to our partners. We work with brokers, tax and social security experts, other experts in various industries, notaries and other specialists.
A problem or its escalation can be avoided, if you contact us in an early stage. Instead of a long and expensive legal process you invest in our sustainable, competent and solution-oriented consulting.