Fachanwalt SAV Arbeitsrecht Practice Questions - Fachanwalt SAV Fachanwältin SAV Arbeitsrecht (Avocat spécialiste FSA droit du travail) Exam - Fachanwalt SAV Arbeitsrecht Practice Questions - Fachanwalt SAV Fachanwältin SAV Arbeitsrecht (Avocat spécialiste FSA droit du travail) Exam

Question 1

An IT specialist is engaged under a contract labeled 'Consultancy Mandate' (Beratungsauftrag). The specialist is required to work fixed hours from 08:30 to 17:30 at the client company's premises, uses company hardware, reports daily to the head of IT, and must strictly follow internal project management instructions. Which legal relationship exists between the parties under Swiss law?

An individual employment contract (Einzelarbeitsvertrag pursuant to Art. 319 OR), because the relationship is characterized by personal, organisational, and operational subordination A simple agency mandate (einfacher Auftrag pursuant to Art. 394 OR), because the parties expressly chose this designation in exercise of freedom of contract A contract for work (Werkvertrag pursuant to Art. 363 OR), because IT services always aim at producing a defined digital work result An innominate contract (Innominatvertrag) governed exclusively by general contract principles of Art. 1 ff. OR

Correct Answer:

An individual employment contract (Einzelarbeitsvertrag pursuant to Art. 319 OR), because the relationship is characterized by personal, organisational, and operational subordination

Question 2

What is the primary doctrinal distinction between an individual employment contract (Art. 319 OR) and a contract for work (Werkvertrag, Art. 363 OR)?

An employment contract requires public notarization, whereas a Werkvertrag can be concluded informally In an employment contract, the worker owes careful provision of labor over time within the employer's organization, whereas in a Werkvertrag, the contractor owes a specific, guaranteed work result (Erfolg) In a Werkvertrag, the contractor is always entitled to mandatory wage continuation during illness under Art. 324a OR An employment contract cannot be terminated ordinary without justified cause, whereas a Werkvertrag is terminable at will without financial consequences

Correct Answer:

In an employment contract, the worker owes careful provision of labor over time within the employer's organization, whereas in a Werkvertrag, the contractor owes a specific, guaranteed work result (Erfolg)

Question 3

A graduate begins working at an architectural firm on a complex project with the explicit knowledge and daily supervision of the managing partner, although no written employment agreement was signed and remuneration was never discussed. How is this situation assessed under Art. 320 Abs. 2 OR?

No contract exists because consensus on essentialia negotii (salary) was not reached under Art. 1 OR The relationship is deemed an unpaid internship until the parties execute a formal written agreement An employment contract is deemed concluded tacitly (konkludent), and the employer is obligated to pay customary remuneration The graduate is entitled only to unjust enrichment claims (Bereicherungsanspruch Art. 62 OR) without employee protection rights

Correct Answer:

An employment contract is deemed concluded tacitly (konkludent), and the employer is obligated to pay customary remuneration

Question 4

During a hiring interview for a standard administrative office position, the interviewer asks a female candidate whether she is currently pregnant or plans to start a family within the next two years. What are the candidate's legal rights under Swiss labor law?

The candidate must answer truthfully because pre-contractual duty of good faith (culpa in contrahendo) requires complete disclosure The employer is entitled to contest the contract for willful deception (Art. 28 OR) if the candidate denies pregnancy and gives birth 5 months later The question is legally permissible provided the employment contract contains an agreed probationary period of 3 months The question is unlawful because it infringes personality rights (Art. 328 OR, Art. 3 GlG); the candidate possesses the right to lie (Notwehrrecht der Lüge) without risking subsequent contract voidance

Correct Answer:

The question is unlawful because it infringes personality rights (Art. 328 OR, Art. 3 GlG); the candidate possesses the right to lie (Notwehrrecht der Lüge) without risking subsequent contract voidance

Question 5

Under Art. 321a Abs. 1 OR, what legal standard determines whether an employee has fulfilled their statutory duty of care and loyalty (Sorgfalts- und Treuepflicht)?

An absolute objective standard of the bonus pater familias without regard to individual education or experience An individualized objective standard taking into account the employee's professional knowledge, capabilities, operational risk, and the nature of the work (Art. 321e Abs. 2 OR) A purely subjective standard evaluated solely according to the employee's personal best intentions The liability standards established under the general law of torts (Art. 41 OR) requiring proof of criminal recklessness

Correct Answer:

An individualized objective standard taking into account the employee's professional knowledge, capabilities, operational risk, and the nature of the work (Art. 321e Abs. 2 OR)

Question 1

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Prepare with the Fachanwalt SAV Arbeitsrecht Practice Questions - Fachanwalt SAV Fachanwältin SAV Arbeitsrecht (Avocat spécialiste FSA droit du travail) Exam practice quiz. This question bank includes 100 questions covering employee, employer, employment, statutory, and legal. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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Fachanwalt SAV Arbeitsrecht Practice Questions - Fachanwalt SAV Fachanwältin SAV Arbeitsrecht (Avocat spécialiste FSA droit du travail) Exam

This practice set contains 100 questions from the matching question bank and focuses on employee, employer, employment, statutory, and legal. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

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Fachanwalt SAV Arbeitsrecht Practice Questions - Fachanwalt SAV Fachanwältin SAV Arbeitsrecht (Avocat spécialiste FSA droit du travail) Exam

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