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B-10-01 FINMA Circ. 10/1

Remuneration Schemes

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Employment law

Foreclosing claims to vacation time not taken under a severance agreement

In a recent ruling, the managing director of a bank was unsuccessful in his claim for back pay for untaken vacation, even though he believed he was entitled to it, since the severance agreement he had signed with the bank did not specifically address this issue (TF 4A_496/2022 of November 6, 2023). The facts were as follows: the managing director of a bank received an annual salary of 600,000 francs and was entitled to twenty-eight days' vacation per year. His[...]

A bank manager's bonus

The difficulty of contesting a bonus calculation several years after the fact

In a recent ruling, a bank manager was unsuccessful in his bid to obtain back pay, when he demanded a recalculation of his bonus based on assets under management that he claimed to have contributed to his employing bank (TF 4A_519/2022 of October 12, 2023). The facts were as follows: in 2009, a manager had organized a meeting between a business introducer, whom he knew, and a member of a bank's executive committee. Shortly afterwards, a second meeting was organized[...]

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