scholarly journals Minimum wage regulation in Switzerland: survey evidence for restaurants in the canton of Neuchâtel

2020 ◽  
Vol 156 (1) ◽  
Author(s):  
Marius Berger ◽  
Bruno Lanz
Keyword(s):  
Supreme Court ◽  
Minimum Wage ◽  
Hourly Wage ◽  
Wage Increase ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
Swiss Canton ◽  
Wage Regulation ◽  
The Impact

AbstractThis paper provides a first set of results on the impact of minimum wage regulation in Switzerland. We study the effects of an unexpected Supreme Court ruling mandating the Swiss canton of Neuchâtel to enforce a minimum hourly wage of around CHF 20 previously accepted via popular ballot. Given policy discontinuity at cantonal borders, we design a two-wave survey of restaurants to measure wages, employment, workers’ characteristics, and prices and administer it in Neuchâtel as well as in geographically proximate districts of neighboring cantons. Our data covers pre- and post-enforcement outcomes for around 100 restaurants, with information for more than 800 employees distributed over two-survey waves. Our data suggest that the proportion of workers paid below minimum wage went down from 19% to 5% after the introduction of the policy. This decline is compensated by a significant increase of the workforce paid just above minimum wage, and our results suggest that restaurants did not use employment as a margin of adjustment. We also find evidence that the policy affected the distribution of hourly wages up to CHF 6 above the minimum wage, with some workers initially paid above minimum wage experiencing a wage increase.

12. Concepts and Contexts

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Court Ruling ◽  
Land Law ◽  
Supreme Court Ruling ◽  
Legislative Reform ◽  
Private Rights ◽  
The Supreme Court ◽  
The Impact

This chapter explores some of the wider issues raised by the rules applying to private rights to use land, along with the nature of the challenges faced by judges and Parliament when deciding how best to develop those rules. It begins by discussing the importance of concepts and contexts in land law, as well as the tension between concepts and contexts and the effect of different judicial approaches to land law. It then considers the relative merits of judicial and legislative reform of land law and goes on to examine the impact of statutory reform, particularly of registration statutes, in land law. It also assesses the impact of human rights and regulation on land law, citing the Supreme Court ruling in Scott v Southern Pacific Mortgages Ltd (2015), before concluding with an analysis of the role of non-doctrinal approaches in evaluating land law.

scholarly journals La connaissance judiciaire des actes réglementaires

2005 ◽  
Vol 21 (2) ◽  
pp. 427-446
Author(s):  
Raoul P. Barbe
Keyword(s):  
Supreme Court ◽  
The State ◽  
Civil Litigation ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
The Supreme Court ◽  
The Subject ◽  
The Impact ◽  
Clear Statement

This paper describes the state of federal and Québec law as regards judicial notice of statutory instruments. The position in respect of federal instruments is first surveyed by reference to the provisions of the Canada Evidence Act and Canadian and British cases on the subject ; mention is then made of the now superseded Regulations Act of 1950 and the questions of interpretation that arose from it; and finally the impact of s. 23 of the Statutory Instruments Act of 1971 is evaluated in the light of the Supreme Court ruling in R. v. The « Evgenia Chandris ». The position in Québec law appears to be somewhat more confused. While the rule that regulations should be a matter for judicial notice seems well secured by s. 105 of the Summary Proceedings Act, this obviously only settles the point as regards penal proceedings under provincial statutes. In civil litigation, in the absence of any clear statement that regulations are to be judicially noticed, caution would seem to advise litigants to specifically plead and evidence the existence of regulations they intend to rely on. The author concludes by calling on the Québec Legislature to state explicitly the rule that regulations are a matter for judicial notice in any kind of proceedings.

12. Concepts and Contexts

Land Law ◽  
2020 ◽  
pp. 406-424
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Court Ruling ◽  
Land Law ◽  
Supreme Court Ruling ◽  
Legislative Reform ◽  
Private Rights ◽  
The Supreme Court ◽  
The Impact

This chapter explores some of the wider issues raised by the rules applying to private rights to use land, along with the nature of the challenges faced by judges and Parliament when deciding how best to develop those rules. It begins by discussing the importance of concepts and contexts in land law, as well as the tension between concepts and contexts and the effect of different judicial approaches to land law. It then considers the relative merits of judicial and legislative reform of land law and goes on to examine the impact of statutory reform, particularly of registration statutes, in land law. It also assesses the impact of human rights and regulation on land law, citing the Supreme Court ruling in Scott v Southern Pacific Mortgages Ltd (2015), before concluding with an analysis of the role of non-doctrinal approaches in evaluating land law.

Rent review: dark art or rainy sky?

2016 ◽  
Vol 34 (2) ◽  
pp. 186-190
Author(s):  
Malcolm John Dowden
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
Common Law ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
Content Type ◽  
Service Charge ◽  
Uk Supreme Court ◽  
The Impact ◽  
Practical Implications

Purpose – The purpose of this paper is to consider the impact on rent review clauses of a recent UK Supreme Court ruling on the interpretation and application of contractual provisions. Although the ruling in Arnold v. Britton (2015) UKSC 36 concerned service charge provisions, the court’s approach has significant implications for rent reviews where a fixed or indexed increase is intended. Design/methodology/approach – Review of the Supreme Court’s approach and findings in a case concerning clauses that provided for fixed percentage increases in long leases. Findings – It is no part of the court’s function, through the process of contractual interpretation, to rescue a party from a bad bargain. Research limitations/implications – Supreme Court ruling in Arnold v. Britton was considered in the context of recent rulings on rent review clauses. Practical implications – When drafting for a fixed or stepped increase at rent review, parties must ensure that any formulae or other provisions governing calculation produce results that are fair and in line with the parties’ actual intentions. The court will not use the process of contractual interpretation to rescue a party from a bad bargain, and will not intervene to override clear wording. Although the court has power to decide in favour of commercial common sense where a clause is ambiguous or unclear, there is a limit to the “red ink” that the court can apply, and no room for remedial interpretation where a clause is clear. Social implications – Where contract provisions are clear it is not open to the court to intervene, by means of contractual interpretation, to protect or to rescue a party who has been disadvantaged, however seriously, if the clause is clear. Where such cases arise in a contract covered by English law, or in similar common law jurisdictions, any protection must be found in statute. Originality/value – Practitioner’s review and comments on recent Supreme Court authority.

scholarly journals The impact of a minimum wage change on the distribution of wages and household income

2020 ◽  
Author(s):  
Paul Redmond ◽  
Karina Doorley ◽  
Seamus McGuinness
Keyword(s):  
Income Distribution ◽  
Minimum Wage ◽  
Wage Inequality ◽  
Household Income ◽  
Spillover Effects ◽  
Wage Distribution ◽  
Wage Increase ◽  
Minimum Wage Increase ◽  
Wage Change ◽  
The Impact

Abstract We use distribution regression analysis to study the impact of a 6% increase in the Irish minimum wage on the distribution of hourly wages and household income. Wage inequality, measured by the ratio of wages in the 90th and 10th percentiles and the 75th and 25th percentiles, decreased by approximately 8 and 4%, respectively. The results point towards wage spillover effects up to the 30th percentile of the wage distribution. We show that minimum wage workers are spread throughout the household income distribution and are often located in high-income households. Therefore, while we observe strong effects on the wage distribution, the impact of a minimum wage increase on the household income distribution is quite limited.

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