Employment of foreigners without work permit: employer's liability

Facts

The case concerns employees of the city of Zurich's gardening service, who employed Turkish workers without a work permit between March and August 1971. The workers had been provided by a gardening company, Y. The employees were convicted of violating Article 3 para. 3 RSFNA and Article 13 para. 4 ANAV.

The employees filed a nullity appeal against this decision, arguing that company Y was responsible for obtaining the work permits and that the Turkish workers were not under their supervision and responsibility.

Considerations

The Federal Court examined the employees' arguments and concluded that, to determine whether the employees were responsible for obtaining the work permits, it was necessary to consider the relationship between the foreign workers and the employees, and not the relationship between the employees and company Y.

The Court also considered that the employees had employed the Turkish workers without a work permit, which constituted a violation of Article 3 para. 3 RSFNA and Article 13 para. 4 ANAV.

However, the Court estimated that the question of the employees' liability had to be re-examined, as the decision of the cantonal court was based on an erroneous interpretation of the law. The Court therefore…