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Case law & News

• Employment Law & Sector Standards — October 2026

  Private daycare in Geneva: the canton's early-childhood “usages” breach federal law. Two unsubsidised private nurseries had been sanctioned by the cantonal labour office for not complying with the early-childhood “usages”: fines of CHF 25,000 and CHF 28,300, refusal of the compliance certificate and, for one, back pay of CHF 421,285 demanded. In two judgments of 25 June 2026 (2C_256/2025 (FR) and 2C_533/2025), the Federal Supreme Court set those sanctions aside: modelled on the City of Geneva's collective agreement, they amount to extending that agreement outside the conditions and procedure of federal law, in breach of the primacy of federal law (Art. 49 Federal Constitution). The cantonal minimum wage still applies; other sectors were not decided. Employers concerned should have the basis of such demands reviewed. (Brief of 9 October 2026.)

• Employment Law — October 2026

  Abusive dismissal: no written objection received by the employer in time, no compensation. Dismissed on 23 February 2024, during a conciliation hearing over his overtime, an employee in post since 2002 claimed CHF 53,670 for abusive dismissal. The Federal Supreme Court upheld the rejection of his claim (judgment 4A_199/2026 of 19 June 2026 (DE)): the objection required by Art. 336b CO must be in writing and reach the employer before the notice period ends, and it is for the employee to plead and prove this. A letter sent to the conciliation authority counts as an objection only once served on the employer, whose silence is no admission. The lesson: object by registered letter without delay, then bring the claim within 180 days of the end of the contract. (Brief of 9 October 2026.)

• Family — October 2026

  Shared custody: neither written-only communication nor a twenty-minute journey is enough to refuse it. The Geneva Court of Justice had awarded the mother custody of a child born in 2020, granting the father, who works full time, extended contact. The Federal Supreme Court allowed the father's appeal (judgment 5A_261/2025 of 28 July 2026 (FR)). A conflict confined to the custody question itself, mostly written communication, a journey of 17 or even 23 minutes over less than 10 km and different working hours are not, on their own, grounds to rule out shared custody; stability must also be assessed in light of who cared for the child before the separation. The case returns to Geneva. The lesson: document journeys, schedules and your past involvement with the child. (Brief of 9 October 2026.)

• Employment Law — September 2026

  Geneva minimum wage: five checks every employer should run. On 12 May 2026, the Federal Supreme Court held that Zurich municipalities may introduce their own minimum wage (TF 2C_28/2025 (DE)). The news is from Zurich; the Geneva reality is older: since 2020, the canton imposes one of the highest minimum wages in the world — CHF 24.59 gross per hour in 2026 (FR) (art. 39I et seq. LIRT), indexed every year. Five mistakes keep recurring: folding holiday and public-holiday pay into the hourly rate, when for hourly-paid staff these are added on top of the minimum; miscalculating with a 13th salary — spread over thirteen monthly payments, the base hourly rate may be reduced to CHF 22.70, but the annual total must still reach the minimum; counting tips without qualification, when they may only be included if they are subject to AVS contributions and represent a significant share of the salary; underpaying extras, part-time work or a job labelled an « internship »; and passing off expenses as salary. Non-compliance costs up to CHF 30,000 in fines, doubled for repeat offences (art. 39N LIRT), plus back pay owed to the employee. The firm audits contracts and payslips before the OCIRT does.

• Family — September 2026

  A federal civil solidarity pact under consultation: a third way between cohabitation and marriage. On 23 April 2026, the Legal Affairs Committee of the Council of States adopted a preliminary draft law creating a civil solidarity pact (PACS); the consultation (parliamentary initiative 22.448), opened on 27 May 2026, closed on 17 September 2026. Designed as « enhanced cohabitation » and inspired by the Geneva, Neuchâtel and French models, the PACS would give unmarried couples defined rights and duties during their life together — support and maintenance, representation, protection of the family home — with no effect on civil status, surname, parentage or taxation. For the many Portuguese-speaking couples living in de facto unions, a status recognised throughout Switzerland would be a real step forward. The committee is now assessing the responses received; no new rule applies before Parliament votes.

• Real Estate & Tenancy — September 2026

  Challenging a lease termination: one envelope, one application. Ruling of 11 June 2026 (4A_181/2026 (DE), to be published). A tenant whose three leases had been terminated claimed to have put all three challenges in a single registered letter to the conciliation authority, which found only one. The Federal Supreme Court rejects any factual presumption: nothing in general life experience suggests an envelope held three applications, and the authority had no duty to flag a gap it could not recognise. For lack of proof, two terminations became final. Practical lesson: one challenge per registered letter — or at least a cover letter listing every document. The 30-day deadline of art. 273 CO is unforgiving.

• Family & Divorce — August 2026

  Post-divorce maintenance: the decisive weight of common children. In a decision marked for official publication (TF 5A_684/2024 of 23 April 2026 (DE)), the Federal Supreme Court refines the notion of a « lebensprägend » marriage — one that has lastingly shaped a spouse's financial situation. Neither the length of the marriage, nor a common child, nor cultural uprooting suffices on its own. But where the spouses divided their roles — one running the household and raising the children, the other pursuing a career — common children almost always create the presumption of such a marriage: contributions in kind are worth as much as contributions in money. Maintenance therefore turns on the facts: the actual division of roles and the realistic ability to resume work. The firm builds these cases with figures and evidence.

• Family & Cross-Border — August 2026

  Child lawfully moving abroad: the Swiss court loses jurisdiction. When a child lawfully relocates to a State party to the 1996 Hague Convention and establishes habitual residence there, jurisdiction shifts to the authorities of that new State: perpetuatio fori does not apply, subject to wrongful removal (art. 5 para. 2 and art. 7 of the 1996 Hague Convention). The Federal Supreme Court has just restated the principle (TF 5A_204/2026 of 18 May 2026 (FR)). In practice: after an authorised departure — a return to Portugal, for instance — custody and contact are re-litigated before the courts of the child's new place of residence. Two important qualifications: child maintenance falls outside the Convention (art. 4(e)) and follows separate rules; and measures already taken in Switzerland do not lapse — they remain in force until the authorities of the new State modify them (art. 14). Hence the importance of reviewing everything before leaving. The firm handles these matters between Switzerland and abroad.

• Real Estate & Foreign Acquisitions — August 2026

  Lex Koller: a draft under consultation, current law still applies. On 15 April 2026, the Federal Council opened a consultation on a draft revision of the LFAIE (FR): permit requirements for home purchases by non-EU/EFTA nationals, resale within two years upon leaving Switzerland, reduced holiday-home quotas, and restrictions on commercial property and real-estate securities. The consultation closed on 15 July 2026; the Federal Council has yet to draw its conclusions, and Parliament to decide. Until an amendment is adopted, current law applies: the purchase of a dwelling by a person abroad remains subject to authorisation, and EU or EFTA nationals domiciled in Switzerland are not treated as persons abroad. The firm reviews each acquisition case by case — nationality, domicile, type of property.

• Employment Law & Cross-Border Taxation — August 2026

  Cross-border teleworking: certification duties now apply. Since 1 January 2026, the amendment to the Swiss-French tax treaty makes the regime permanent: up to 40% annual teleworking (FR) without shifting taxation (including up to 10 days of temporary missions) — not to be confused with the 49.9% social-security ceiling under the framework agreement. What many SMEs still miss: employers must track teleworking days precisely and file an annual certificate with the tax authorities, first due in early 2027 for the full 2026 year. The firm assists employers with compliant teleworking agreements, reliable tracking tools and the A1 certificates that secure social contributions.

• Global Mobility & Immigration — May 2026

  Portuguese nationality: stricter conditions. Organic Law no. 1/2026, adopted on 1 April after review by the Constitutional Court and promulgated on 3 May, tightens access to nationality: the residence requirement rises from 5 to 7 years (Portuguese-speaking and EU citizens) or 10 years (others), automatic birthright citizenship ends, and the Sephardic route is closed. Transmission to children of Portuguese citizens born abroad remains, and applications filed before entry into force are still governed by the former rules. Binational families: have your situation reviewed before taking any steps.

• Real Estate & Tenancy — July 2026

  Squatting: two key changes as of 1 July 2026. The revision of the Swiss Civil Code and the Code of Civil Procedure, adopted on 20 June 2025, entered into force on 1 July 2026. Two key changes: the deadline to recover an occupied property now runs from the discovery of the occupation — no longer from the intrusion itself — and courts may order an eviction without knowing the occupants' identity. Refusing to give one's name no longer paralyses the proceedings. In practice: document the date of discovery — it is what starts your rights running. Federal Office of Justice (FR)

• Legal watch

  The firm continuously monitors the publications of the Federal Supreme Court in its practice areas.