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SPECIAL Coffee & Consulting: Expats in the war_conflict regions – Employer’s responsibilities

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Employer’s responsibility Brexit Brexit • Switzerland: OR 322-330a • Salary payment • Duty of care: The employer must respect and protect the personality of the employee in the employment relationship (OR Art. 328 Para. 1). A distinction is made between general and special duties of care. While the general duties of care are not regulated in the OR, the legislator mentions the special duties of care in the OR: • Protection of the employee's personality (OR 328 ff.) • Granting of free time (OR 329) • Granting of vacations (329a - d) • Equipment and material (OR 327) • Reimbursement of expenses (OR 327a - c) • issuing a certificate of employment (OR 330a) • Securing the deposit (OR 330) • Severance pay (OR 339b ff.) In summary, the employer has a general obligation to respect and protect the personality of the employee. He must protect all personal goods of the employee, which relate to his mental, physical and social individuality and to refrain from any interference not justified by the employment contract or does not justify any encroachment on the personal rights of the employee. Also the employer needs to protect any rights not justified by the employment contract against interference by superiors and third parties. Expats in the war / conflict regions Employer’s responsibilities M a r c h 8 , 2 022 COPYRIGHT © CONVINUS 2

Ukraine Brexit • Airspace is closed • Land borders are closed to Russia and Belarus Brexit • Male Ukrainians between 18 to 60 can not leave the country • Any other Ukrainian can exit • Poland, Slovakia, Romania, Moldavia, Hungary: special regulations for Ukrainians • Temporary protection directive from the EU: possibility to work and live in the EU for one year with the possibility to extend it for one more year currently in final discussion round • Only for Ukrainian national who have left Ukraine after 24 February • Recommendation: to wait to apply of asylum status • In the next coming days final statement on it Expats in the war / conflict regions Employer’s responsibilities M a r c h 8 , 2 022 COPYRIGHT © CONVINUS 3

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