Employment: experts on Swiss employment law
Employment contract advice
As experts in employment law, our team has the knowledge and expertise to tailor its work to clients’ needs. This could mean producing customised agreements for managers and corporate officers, or whole sets of standard agreements covering the requirements of a group of companies.
Issues clients need to consider when drawing up an employment contract in Switzerland include matters such as part-time employment, the probation period, if relevant, overtime and excess work, work on Sundays, vacation and leave entitlements, and the duty of confidentiality incl. the non-competition obligation to be imposed on employees. Clarity is needed in relation to bonus policy and bonus structure, customer incentive schemes and fringe benefits. Thought will need to be given to implementing the minimum wage in Swiss companies, and making sure that employee benefit provisions are complied with, such as working time, overtime allowances, sick pay at work and maternity leave entitlement, among others. Other issues that may be relevant to clients include producing a part-time employment contract, and here we can provide you with a sample agreement.
In relation to termination of the employment contract, an important issue is the notice period - we can provide advice about legal rights and typical notice periods. We are also well-versed in the rules on termination of a contract with immediate effect, and can insert a garden leave provision in a contract, or advise more generally on garden leave rules. As one of the foremost Swiss employment law specialists, we also advise our clients on social security and employee-benefit programmes.
Assistance with termination of employment contracts
With regard to employment contracts, one sphere where employers often encounter difficulties is the termination of the agreement. It is relevant here to have information on the meaning of the notice period, and know exactly what minimum period of notice applies in specific cases. We can provide assistance with notice of termination of employment contract letters, garden leave or termination agreement for instance by providing clients with a free sample letter of termination of employment contract or termination agreement. Where applicable, we can advise on how to write a reference letter for the former employee, and/or provide a sample reference letter.
Depending on the situation, and the reasons for immediate termination, it is important for clients to receive advice on setting out the reasons for immediate termination of employment. Another area of contract termination relates to involuntary dismissal, where we also have expertise. In the context of restructuring, our employment law team advises corporations on mass dismissals and outplacement issues. Thus, we provide advice on the definition of mass redundancies, and can explain the mass redundancy rules to you.
On another topic, where a former employee is seeking a ruling of unfair dismissal, we will research examples of unfair dismissal cases, clarify the employment law on unfair dismissal cases and provide information on likely tribunal awards for unfair dismissal. We have very strong litigation experience in this field and regularly represent clients in employment law disputes before the Swiss courts.
Swiss Immigration – rules and regulations
Like other European countries, Switzerland has been introducing stricter and more complex immigration regulation. Successful residency and work permit applications now require specialist advice and assistance.
Whether assistance is needed to help companies make sure their foreign employees receive the appropriate work authorisation or to file individual family-based immigration applications, we are specialised in both. We have one of the leading immigration law practices in the Swiss market, with fully dedicated immigration law specialists who regularly advise both companies and individuals on all aspects of Swiss immigration.
We offer tailor-made Swiss immigration services including:
- Swiss work and residence permits
- Swiss permit renewals and extensions
- Online registration assistance for companies wishing to post workers in Switzerland
- Change of canton applications
- Individual consultations
- Local registration guidance
- Assistance to companies in calculation of the Swiss minimum salary level
- Deregistration guidance
Our immigration team brings a broad range of knowledge and expertise to help clients find workable and creative solutions. We also offer expertise in handling sensitive, nuanced, and VIP matters, along with Swiss-wide experience with the various approaches of different cantonal authorities. Please contact us for more information.