Claims of Employees without Work Permit for Wages

Facts

The appellant [X.] was convicted of intentional violation of the Foreigners Act, and the cash of CHF 8,600.-- seized from her was confiscated. [X.] filed a complaint against the confiscation of the cash.

Considerations

The DFC has decided that the criminal confiscation of the cash pursuant to Art. 70 SCC is not permissible in this case. Although [X.] worked in Switzerland without a work permit, the CO (Art. 320 para. 3 CO) and the IEA (Art. 14 and 15 IEA) protect the wage claim of employees without a permit. These special legal norms take…