AHV, fighting a ticket, overtime pay & more ...

I am Bosnian living and working in Zurich on a C-permit. I would like to know about getting a divorce I am married to my Nigerian boyfriend.

We have been separated for two years. Now he is in jail for drug abuse, I'm so worried about my future; can you please tell to me how I can get a divorce from this man, as quickly as possible? At this stage, he will not agree to give me a divorce because he feels he will loose his B-permit,

After having been separated for two years you can ask for a divorce even if your husband does not agree. The divorce has to be filed at the local Zivilgericht, and I would strongly advise you to get a solicitor to help you with this. As a first step you could also go to a free meeting with the Zurich Lawyers' Association. You can find their opening times on the website: www.swisslawyers.com (go to Rechtsauskunft).

What is my obligation to a service provider who hasn't billed me for five years despite constant reminders? Is one obligated to pay?

Swiss law knows different time frames for different sorts of claims. Claims for payment from contracts (no matter if it has been a written contract or a verbal agreement) usually can be presented for ten years after the service has been provided or the purchase has been made.

I am a British citizen living and working in Zurich for the past 5-6 years. I also have Turkish nationality, but on my B-permit I am registered as British citizen. I intend to relocate back to Turkey to live in the near future. I am aware that when I leave Switzerland permanently, my 2nd pillar (BVG) will be paid to me.

My question is on the AHV, I have been looking for answers to this issue but unfortunately haven't had success. As far as I know, when permanently leaving Switzerland, my AHV will be transferred to the Turkish government for further use. However, I find this transfer to not be advantageous, I have found the following documentation on the Internet:

* 'If the transfer is not advantageous for the insured person, in relation to the Turkish insurance, the latter shall refund all transferred contributions of the Swiss basic pension and invalidity insurance to the person concerned.'

It's not clear to me how this statement should be interpreted. Could I have the AHV paid to me (similar to BVG) when I leave Switzerland?

In your case, the citizenship of an EU country such as Britain prevails, and the rules for Turkish nationals do not apply to you. EU citizens cannot have their AHV entitlements transferred to any other country but will get a pension from Switzerland at retirement age (currently 65 for men and 64 for women).

You will then have to make your claim from the Zentrale Ausgleichskasse in Geneva. The pension will be paid to you regardless of where you are living at the time. There is no possibility for the AHV contributions to be paid out to you at the time you leave Switzerland.

I'm a Portuguese citizen working in Graubunden, I originally signed a full-time seasonal contract to work a day shift, In the second week I was told I had to work a night shift three days a week, and a day shift for two days.

My question is: do I have the right to an extra percentage in my salary since I work night shifts, which go from 20:00 til 5:00?

Regular night shifts of nine hours do not entitle you to an extra percentage of the salary, but to an extra percentage in time off. You therefore have the right to have an additional ten per cent of the time spent on night shifts as paid time off.

In general, working nights can only be asked for with the agreement of the employee and also only if the employer has special permission from the authorities. This is usually given for hotel or similar tourism businesses, which I assume you are working for in Graubunden.

My wife was recently stopped for speeding while driving our British-registered car, The incident took place in the town where we live (in Canton Zurich), The policeman issued a fine ("Ordnungsbusse") of SFr 120, claiming that my wife was driving at 40km/h in a 30km/h street. I paid the SFr 120 fine the following day at a post office near my place of work in Zurich.

In the meantime, the policeman telephoned my wife to say that his video recordings revealed her speed was not 40km/h as first thought, but was in fact 45 km/h. He apologised for his mistake in interpreting the evidence but said the amount of the fine would still be increased by another SFr 130 to SFr 250 A few days later we received a second "Ordnungsbusse" for SFr 250.

My questions are:

1. Is it legally permissible for a policeman to change the nature of an offence, having already issued an Ordnungsbusse?

2. As the policeman admitted a mistake, at least verbally, do we have reasonable grounds for avoiding the payment of the additional amount?

3. On a wider level, can the challenge or non-payment of an Ordnungsbusse by a foreign resident lead to unpleasant consequences at the time when one's residence permit is due to be renewed? If the Ordnungsbusse was is sued on incorrect grounds the policeman has the possibility of changing it.

Of course, you and your wife could ask to see evidence for the speeding fine such as the video and also have explained to you how the effective speed was assess

If someone does not agree with an Ordnungsbusse--which is the lowest level of a fine in Switzerland that can be issued by the police directly--you can ask for an ordinary court trial in which your version of events will also be heard.

However in such a case you will normally have to pay a fee to the courts as well, and the courts are free to re-assess the offence in both directions on in both directions on the basis of the evidence provided. The court fees might be more than the SFr 130 difference.

The challenge of an Ordnungsbusse is a legal entitlement that everybody has in Switzerland, and of course this cannot be used against you when your permit is renewed.

Non-payment of an Ordnungsbusse automatically leads to a court trial and, if found guilty, the court fees are added to the penalty.

If you still do not pay, the fine will be commuted to days in prison (usually one day in prison per SFr 30). While the Ordnungsbusse itself would not show up on any record in the criminal register, the days in prison certainly would.

I'm a Swiss resident and have decided to travel for a long period of time (1-2 years), How long can one leave or be out the country before your permit is cancelled?

Your permit is automatically cancelled if you leave Switzerland for an uninterrupted period of six months.

We are UK citizens moving to Switzerland with our two small children, ages one and seven. Our problem is that only my wife will be employed in Switzerland (fulltime, permanent job). We think that we may struggle, as we will have a low income there.

The question is whether we will be entitled to receive (with B-permits) any financial supplements from the state, for example, social assistance, welfare, help with housing cost, etc.

Although employers do not have to declare a EU citizen's salary to the authorities in order to obtain the work permit, the salary still has to be competitive.

If the income is below the minimum necessary to maintain a family as defined by the social welfare authorities, social welfare payments may be an option for you.

These are means-tested benefits and would also take into account assets outside Switzerland such as a house in the UK.

Professional Help

Gabrielle Grether, a Swiss lawyer and partner in Grether MacGeorge GmbH, Basel, answers questions on legal issues in Switzerland. Advice is based on the individual information provided. If you have questions relating to work permits or other issues concerning foreigners in Switzerland, please don't forget to tell us your nationality, Please send your questions to: [e-mail]