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In the event of debt collection by the employer: Is the gross or the net wage owed?

In the event of debt collection by the employer: Is the gross or the net wage owed?

The Federal Supreme Court clarified the question of whether an employer who is being pursued owes the gross wage claim or only the net wage and whether it must provide proof of payment of social security contributions.

The Federal Supreme Court ruled that the employer must pay the social security contributions and must prove the extent of this obligation with documents. However, he does not have to prove the actual payment of the contributions, as these contributions are due at the same time as or after the wage claim. This means that the employee cannot be certain that the contributions will be paid. He is therefore in the same position as if he had paid his wages on time without compulsory enforcement, where he also does not know whether the contributions will be paid.

Therefore: If the employer does not provide proof of payment of the social security contributions, the definitive legal opening for the gross wage claim must be granted. (Source: BGE 5A_816/2022 of 7 June 2023)