Decision on the Confiscation of Income from Unauthorized Work

Facts

The DFC was seized with an appeal against the confiscation of income received by a foreign national who had worked in Switzerland without authorization. The person convicted of illegal stay and unauthorized work contested the confiscation of the seized money, considering it to be legitimate wages. The DFC ultimately ruled that the confiscated amounts, corresponding to work income, could not be criminally seized.

Considerations

According to the jurisprudence of the DFC, the confiscation provided for in Art. 70 SCC does not apply when the assets originate from an objectively legal legal act. In this case, the seized amounts represented the appellant's remuneration for employment contracts concluded in Switzerland, even though she had resided and worked there illegally.

Civil law and public law protect the wage claims of foreign workers without a work permit. Although the employment contract is tainted with illegality under the law on foreigners, it remains valid under civil law and the worker is entitled to the usual salary. This protection also applies to "undeclared workers" who were unaware of the illegality of their situation.

The Federal Act on Measures to Combat Undeclared…