Facts
On 16 August 2010, the Foundation for Flexible Retirement in the Main Construction Industry (FAR) filed a lawsuit against [N.] , the owner of the company [N.] Excavation and Landscaping, at the Social Insurance Court of the Canton of Zurich. The FAR demanded that [N.] pay it contributions totalling CHF 13,885.05 plus interest at 5%. The cantonal court ordered [N.] to pay a total of CHF 9,100.80 plus interest.
[N.] appealed the decision to the Federal Supreme Court. He argued that the contribution claim was time-barred and that his right to be heard had been violated.
Considerations
The Federal Supreme Court dismissed the appeal. It held that the contribution claim was not time-barred, as [N.] as the owner of a company in the main construction industry was subject to the generally binding Collective Bargaining Agreement (CBA) for flexible retirement and would therefore have been obliged to register with the FAR and pay contributions. Since [N.] had failed to do so for years, his violation of the reporting obligation was to be classified as grossly negligent, so that the limitation period only began to run when the FAR became aware of the claim in May 2009.
Furthe…