Inconsistent time limit regulation as the starting point for the reform
The calculation of deadlines for the delivery of postal items often leads to problems in practice, as there has been a lack of standardised regulation at federal level to date. In particular, deliveries that trigger a deadline (e.g. cancellations) at the weekend can lead to uncertainties as they trigger the deadline immediately. For example, Saturday delivery can be disadvantageous for recipients if they are absent (from the office) on Saturday and therefore do not immediately notice the posting of an official notice setting a deadline. Under current law, a deadline determined by days begins on the day after the triggering event (delivery), i.e. on Sunday, irrespective of actual notice. A recipient who takes the notice out of the letterbox late (e.g. on the following Monday) loses the corresponding number of days of the deadline. In addition, the recipient may be mistaken about the time of delivery (Monday instead of Saturday), as this cannot be read on the item itself. If they subsequently calculate a deadline that is too late, they run the risk of being in default and thus suffering a loss of rights.
This problem for civil proceedings was alleviated with the revision of the Code of Civil Procedure: Art. 142 para. 1bis stipulates that notifications made on Saturdays, Sundays or public holidays are only deemed to have been served on the next working day (you can read more about the revision of the Code of Civil Procedure in our article here). According to a decision by the Federal Council, this fiction of service should now apply to all federal law. It is thus complying with a request in motion 22.3381 “Harmonisation of the calculation of time limits”. The Federal Council has taken note of the consultation results and adopted the corresponding dispatch.
Revision of the law: extension to various areas of law
Specifically, the revisions initially only affect the Administrative Procedure Act(SR 172.021, VwVG), the Federal Supreme Court Act(SR 173.110, BGG), the Military Criminal Code(SR 321.0, MStG), the Military Criminal Procedure Act(SR 322.1, MStP), the Federal Direct Federal Tax Act(SR 642.11, DBG) and the Federal Act on the General Part of Social Security Law(SR 830.1, ATSG). In addition, the new rule is to be included in the Federal Act on the Expiry of Time Limits on Saturdays(SR 173.110.3) in order to avoid gaps in federal law. This applies in particular to time limits under substantive private law and time limits under substantive criminal law, for example when serving a criminal complaint. Feedback on the consultation process prompted the federal government to include the Tax Harmonisation Act(SR 642.14, StHG) in the bill. The aim is to achieve standardised regulations for the service of tax documents at weekends and on public holidays at federal and cantonal level.
The bill is limited to amendments to provisions on the calculation of deadlines under federal law. It therefore only affects federal law and does not encroach on the competences of the cantons and municipalities. However, various legislative amendments are already underway at cantonal level (Appenzell Innerrhoden, Geneva and Vaud) in order to create a standardised legal framework.
Recommendations for action for companies and the administration
The adjustments mean that standardised rules apply at federal level for the delivery of notifications at weekends or on public holidays. The special rules that were created for civil proceedings with the introduction of Article 142 paragraph 1bis ZPO will thus become general rules. Switzerland is thus also harmonising its calculation of time limits in the European context, as neighbouring countries in particular already have such regulations. Companies and their legal departments should adapt their deadline monitoring systems to the new regulation in order to avoid missing deadlines. It is advisable to inform employees in the affected departments about the changes and to train them in the application of the new deadline regulations. As a general principle, deadlines should not be utilised until the last day.
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