Document Type

Article

Disciplines

International Law

Abstract

Essentially, the applicable Swiss rules regarding workers' rights when firms become insolvent may be found in the following sources:

1. Procedure in the case of insolvency:, Federal Law on the Prosecution for Debts and Bankruptcy [LP] from April 1 1th, 1889; The Special Case of the Insolvency of the Limited-Liability Company; Article 725 of the Code of Liability [CO], terms according to the revision of December 18th, 1936;

2. Reorganization of the firm: Article 333 of the Code of Liability [CO], terms according to the revision of June 25th, 1971; ad hoc provisions of certain collective work clauses;

3. Protection of the wage earner's claims in cases of the employer's insolvency: Federal Law on Unemployment Insurance and Indemnity in case of Insolvency [LACI], of June 25th, 1982.

The law of the limited liability company is presently in the process of revision. The federal parliament is examining a modification of the liability code, presented by the federal government.

The federal law on the prosecution for debts and bankruptcy is also the object of a revision procedure, although less advanced than that of the provisions concerning the limited-liability company. A commission of experts elaborated a preliminary plan, which has not been published.

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