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Pay During Company Closure
Precedential Decision by Judiciary or Regulatory Agency
Author: Ueli Sommer, Shareholder – Littler | LEL
The higher Cantonal Court of Basle ruled that the closure of the company, as a result of governmental orders, is not a force majeure event but a risk to be borne by the employer. Hence, even if employees cannot work, they have the right to be paid. This is not confirmed by the Federal Court yet and remains disputed in the doctrine. The case has been appealed to the Federal Court.
