Qualification of Marketers as Employees

Facts

The [A.] Suisse GmbH, which operates in the trade and services sector, has been affiliated with the Compensation Fund of Zug since 1 September 2009. During an employer audit, the Compensation Fund determined that the so-called "Marketers", who are engaged in the recommendation marketing [B.] of the company, are to be classified as employees. [A.] Suisse GmbH filed a complaint against this classification.

Considerations

The Federal Court partially upheld the complaint. It found that the classification of the Marketers as employees is generally correct, insofar as they are natural persons and the [B.] -Agreement (version of November 2014) applies to them. However, for Marketers who are not natural persons and to whom the [B.] -Agreement does not apply, the Federal Court has set aside the decision and remanded the case for re-assessment to the lower instance. The Federal Court has particularly taken into…