Employment law

We help you with creating templates for employment contracts and internal regulations (e.g. employee handbooks, expense regulations, work time regulations and remote work regulations) for all staff levels; and we review your existing contract templates and regulations in order to provide attractive employment conditions as well as to manage legal risks. We also help you with individualising contract provisions to your particular circumstances and requirements.

While Swiss private law allows some flexibility when it comes to the employment of individuals, the requirements of public law cannot be amended by mutual agreement. Therefore, compliance with public law regulations is of the utmost importance.

We can advise and support you in the following areas:

• Provisions on work time and rest periods
• Permits for Sunday and night working
• Assessing whether a collective bargaining agreement or standard employment contract applies, and providing you with guidance on the relevant provisions
• Assessing the minimum employment requirements based on an applicable standard employment contract or collective bargaining agreement
• Establishing collective agreements, e.g. for facilitating reduced recording of work times
• Providing advice and support with data protection requirements.

From a private law perspective, we will answer your questions that arise in the course of employment, e.g. on salary payments in cases of absence from work, holidays, and termination, and about reference letters, providing you where needed with the relevant documentation.

The labour market is highly competitive. It is therefore important to have not only attractive employment conditions but also competitive remuneration schemes.

We help you with identifying components of compensation for management and other employees, as well as with setting up relevant schemes. These may include bonus/award provisions, award regulations and share plans for executives and other employees.

Employee mobility is often an essential feature of business operations.  Organisations may face several issues relating to employee mobility, depending on its organisation structure and business model. We provide comprehensive support to our clients on employment-related matters:

• Cross-border employee transfers into or from Switzerland
  General advice on such transfers (planning, termination and repatriation); guidance on local mandatory legal requirements; and drafting of assignment letters, split-employment contracts and mobility policies.
• Transfers of staff within the group or to/from external parties (staff leasing)
  Guidance on whether a transfer of employees constitutes staff leasing; advice on the permissibility of leasing or receiving staff; support with applications for the necessary permits (including representation of clients in dealings with cantonal and federal authorities); and preparation of standard contracts and general terms and conditions for staff leasing companies or amending existing employment contracts.
  
• Recruitment of staff
  Guidance on requirements for providing recruitment services; support with applications for the necessary permit; and preparation of standard contracts and general terms and conditions for recruitment companies.
  

We help you with the planning, design, coordination and execution of workforce transformation projects in Switzerland and across multiple jurisdictions. Our services from an employment law perspective include:

• Advice in the context of a business or asset transfers
• Advising and providing support with workforce reductions, including strategy, planning and execution
• Labour due diligence
• Drafting the required documentation for a business/asset transfer and/or workforce reductions (e. g. mass dismissals)
• Advising on the need for a social plan and its drafting and implementation
• Assisting with the integration of employees following a restructuring, including harmonising employment terms
• Providing support with the settlement of disputes and claims that may arise as a result of workforce restructuring (e.g. settlement agreements)

We work closely with our colleagues in other areas, e.g. direct and indirect tax, social security, immigration, legal, consulting and advisory, and can call on assistance from our Deloitte Network spanning over 60 jurisdictions, to provide you with a seamless service. For global mandates, we serve as single point of contact, and coordinate all work with our colleagues.

Publications

• Global Employer Services in Tax Blog - Stay up to date with the latest issues and developments that may affect you and your business. 
• COVID-19: The Tax & Legal impact - Check out the latest COVID-19 Tax & Legal impact in Switzerland.