Legality of requiring employees to use employing company's banking services

Many swiss banks have started to require that all employees use the company’s banking services exclusively. There seem to be some people interested in discussing the legality and consequences thereof.

Reminder: Please do not discuss illegal practices. They are not welcome in this forum.

The employers often point to FINMA regulations. But to my knowledge FINMA only requires that banks take steps to prevent insider trading. The implemented compliance solution is their own.

The legality of requiring all employees to use the company’s own banking service seems not that clear. The article “Überwachung von Mitarbeitergeschäften im Effektenhandel”(German) by Remo Wagner from 2016 published in AJP/PJA reviews this.

One example among others is Art. 323b Abs. 3 OR also known as “Truckverbot” (ban on truck systems) which voids agreements that use salaries to the benefit of the employer.

The author examines the balancing of interests and comes to the conclusion that the employees interests could prevail in certain cases. For example if you are forced to use investment services due to the size of your wealth.

Since it’s already 2023 there could be court cases. But I’m no lawyer, so I’m not familiar with searching for such information.

Also the possibility of your employer wanting to get rid of “difficult” employees is another thing to consider.