Jugement Kantonsgericht (VD - 2020/400)

Canton:	VD
Case number:	2020/400

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/400 vom 06.05.2020 (VD)

Date:	06.05.2020
Force of law:	-

Summary:	An employee who works as a director of a joint-stock company is entitled to accident insurance, even if he is also registered as a managing director of the board of directors. This applies regardless of whether the employee holds the majority of the shares or not. More detailed summary: The Insurance court has ruled that an employee who works as a director of a joint-stock company is entitled to accident insurance even if he is also registered as a managing director of the board of directors. This applies regardless of whether the employee holds the majority of the shares or not. The court stated that accident insurance under the Labor Code (ArG) benefits persons who are in an employment relationship. An employment relationship exists if a person carries out an externally determined activity for another person against remuneration. In this case, the employee worked as a director of a joint-stock company and received remuneration. He was therefore in an employment relationship. The court also rejected that the registration of the employee as a managing director could justify an exclusion from accident insurance. The court stated that the entry in the commercial register is a purely formal act and does not change the actual activity of the employee. In this case, the employee acted as a director, and not as an executive board of directors. This ruling is important because it clarifies that employees who are directors of a joint-stock company are entitled to accident insurance even if they are also registered as a managing director of the board of directors.
Rule of Law:	Art. 100 LTF;Art. 49 LP;Art. 56 LP;Art. 60 LP;
BGE reference::	-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

Click here to return to the page search engine.