AG vs. GmbH in Switzerland – differences and similarities

The most common types of companies established by foreign entrepreneurs in Switzerland are GmbH and AG. Both types of companies have their advantages and disadvantages, therefore the following information might be very useful for those interested in opening a company in Switzerland, to help them make a decision.

Double Taxation Convention between Switzerland and UAE

The Swiss federal Council and the Government of the United Arab Emirates decided to conclude a Convention in regard to the avoidance of double taxation with respect to taxes on income. The UAE is one of Switzerland’s most important economic partners in the Middle East, therefore a double taxation convention is meant to enhance bilateral economic relations between the two countries.

Termination without dismissal justified when manipulating the time clock

The Federal Court ruled that in the manipulation of the time clock dismissal was justified. It pointed out that the manipulation of the time clock is a serious breach of duty of loyalty the employee. Since no circumstances were present in this case, which made the severity of the abusive nature relative, the dismissal was justified. Although the "surreptitious" working time was only a few hours away before completion, the federal court rated the loss of confidence higher than the damage caused.

 

Reminder fees in Online Terms are difficult to claim

Many companies put their Conditions (Terms) online and define there latest fees and other conditions to the customer.

Courts are highly critical towards such Online Terms. They believe that reminder fees based on Online Terms are not claimable. Terms and Conditions must be delivered in writing, along with the contract and it must be ensured that the customer could take note of them.

Proper accounting of Billag credit

The Federal Court has ruled that the Billag fee is not unbinding tax. Retrospectively it is not reimbursed - at least not further back than 01/04/2015.

If a company has already paid for the financial statements for the period starting with 1.4.2015, the sum is deducted on your next bill credit. It involves the refund of VAT. This credit should be recorded as 100% tax refund. The new-billed fee is recorded for the future without VAT. 

Longer working hours allowance because of the strong franc

Due to the continuing strength of the franc, the Federal Council has adjusted the conditions for short-time work compensation.

Normally, the law provides for the entitlement of short-work benefits, a maximum period of 12 months while in the first six months two unpaid days of sick leave must be supported by the employer, and from the seventh reference month, the employer must support three unpaid days of sick leave.