Review of the epidemic law: new rules and compensation

Context

In brief

• Decision of the Council of States on the law
• No mandatory forced vaccination
• Compensation for current costs and losses
• Waiting period set at 30 days

Key facts

• Legislative body: Council of States
• Compensation waiting period: 30 days
• Financing: Authority responsible for the measures

The Council of States has adopted the partial revision of the Epidemics Act, drawing lessons from the experience of the coronavirus pandemic to ensure Switzerland's optimal preparedness for future health crises. The decision of the parliamentary plenum outlines a renewed regulatory framework that directly intervenes in restrictive measures and economic support granted at the national and cantonal levels. The new provisions aim to balance the protection of public health with the safeguarding of individual rights and the economic stability of businesses and professionals. The legislative intervention organically addresses the critical issues that emerged during the previous health emergency, establishing defined administrative pathways for managing potential future pandemic scenarios throughout Swiss territory. The Confederation and competent authorities will have to adhere to the new guidelines established by Parliament to avoid the regulatory gaps and disparities in treatment recorded in the past, ensuring a uniform and coordinated approach among the country's various institutional levels.

The stages of the health reform Parliamentary discussion allowed the examination of the focal points of crisis management, focusing in particular on the respect for personal freedom and the resilience of the national productive fabric. The confrontation between political groups led to the approval of targeted amendments to provide legal certainty to citizens and economic operators. The revised legislation precisely defines the limits of intervention powers of health authorities, circumscribing the possibilities of restricting fundamental freedoms and introducing mandatory economic compensation mechanisms for categories affected by closures or operational restrictions. The revision represents a key step in the evolution of federal legislation on international and national prophylaxis, offering timely intervention tools that are legally bound to respect constitutional principles.

Operational details

Analysis of protections and prohibitions

The plenum established a fundamental guarantee regarding health self-determination: no one can be vaccinated against their will during future epidemics. The approved text also specifies that non-compliance with any immunization obligation must not in any way result in criminal proceedings, excluding judicial sanctions at both the federal and cantonal levels. This decision draws a clear line regarding coercive management, favoring persuasion and voluntary prevention.

Economic support and compensation obligations

In addition to protecting individual liberties, the revision intervenes decisively on the economic front. The Confederation and the Cantons will be required to cover the loss of earnings suffered by businesses and self-employed workers due to restrictive measures introduced to combat the spread of a pandemic. This measure goes alongside the guaranteed bank loans proposed by the Federal Council to ensure immediate liquidity, introducing a true legal obligation of compensation for uncovered current costs. These non-repayable grants must be paid to economic activities and professionals after a thirty-day waiting period. The financial burden of these payments will fall primarily on the public authority responsible for issuing the restrictive measures, distributing budget responsibilities between the federal and cantonal levels based on who formally adopts the health restrictions.

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Key points

Operating procedures for financial support

The practical application of the new legislation requires knowledge of the timing and methods of access to compensation funds established by the legislator. Companies and self-employed workers affected by closure or limitation measures must monitor the evolution of the implementing decrees issued by the competent authorities. The mechanism provides that current costs not covered and profit losses are calculated from the thirtieth day following the introduction of the restrictive measures, which is the mandatory waiting period before the activation of non-repayable contributions. It is essential to regularly check the official information channels to understand which authority, between the Confederation and the respective canton of domicile or company headquarters, is formally responsible for issuing the specific measure and therefore required to pay compensation. To learn more about financial planning and corporate or personal liquidity management in Switzerland, consulta il calcolatore stipendio e imposte is available online.

Source: tio.ch