Littler Global Guide - Switzerland - Q4 2021

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New Economy Workers

Precedential Decision by Judiciary or Regulatory Agency

Author: Ueli Sommer, Partner and Head of Employment – Walder Wyss AG

The High Court of the Canton of Vaude recently decided that the couriers of an online food ordering and delivery service are in fact employees. Very interestingly, the Court concluded that the digital platform leases them out to the clients (e.g., restaurants) and therefore the couriers fall under the mandatory collective bargaining agreement of the staff leasing industry. An appeal of the decision is now pending before the Federal Court.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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