Facts
The appellant H. operated a construction company as a sole proprietorship until 6 April 2010, without being affiliated with the Swiss Builders' Association (SBV). The FAR Foundation, which is entrusted with the implementation of the Collective Bargaining Agreement (CBA) for flexible retirement in the main construction industry, requested H. to submit wage reports and wage certificates. As H. refused to do so for the period from 1 July 2003 to 31 December 2007, the FAR Foundation filed a lawsuit against him. The Social Insurance Court of the Canton of Zurich ordered H. to pay contributions according to the FAR Foundation's request. H. appealed against this decision in public law matters.Considerations
The Federal Court dismissed the appeal. It stated that the employer's contribution obligation arising from the generally binding CBA FAR is based on sufficient legal grounds. The provisions of the DGAA and the CO on the declaration of general applicability of collective bargaining agreements, as well as the specific regulations in the CBA FAR and the declaration of general applicability (AVE CBA FAR), meet the constitutional…