Employment and Executive Compensation
A company’s employees are crucial to its success. We advise on the development of compensation systems, in employment disputes and how to make all kinds of transformations as smooth as possible.
- Assistance with the conclusion and termination of employment and mandate agreements
- Structuring of tax-efficient equity incentive schemes and variable remuneration systems
- Ensuring the legal and regulatory compliance of remuneration
- Representation in employment litigation and disputes
- Restructuring and reorganization of companies
- Advice on all areas of data protection, confidentiality and protection of IP rights
- Comprehensive advice on pension-related, tax and social security issues
- Work permits when establishing companies
Restructuring and Reorganization
We advise clients on complex issues related to restructuring and reorganization, in particular in connection with company and employee transfers, contract amendments, staff reductions, mass layoffs, as well as severance schemes and pension arrangements.
We advise companies on the structuring and negotiation of employment and mandate agreements and compensation packages for top executives and directors, their implementation as well as their termination. We also regularly advise on related disclosure matters and the required shareholder approvals of executive and directors’ compensation. In addition, we examine incentive plans and articles of association for compliance with the rules of the Ordinance against Excessive Compensation with respect to Listed Stock Corporations (OaEC) and advise clients on compliance with the rules of OaEC, as well as regulations of the Company Law and SIX Swiss Exchange.
Employee Participation Programs
We have particular expertise in developing tax-efficient employee participation programs and variable compensation systems, as well as in their implementation and enforcement in court. Such incentive systems may include stock, option, cash and capital components, the structure of which is continuously adapted to market conditions and the regulatory environment.
Representing Employers and Entrepreneurs in Employment Law Disputes
We represent clients in litigation in employment matters in all Swiss cantons and in all national languages, often in disputes over employee participation programs.
Privacy and Protection of Trade Secrets / IP rights
Issues relating to data protection and personal rights play a key role in hiring, drafting contracts and during the term of employment (for example during internal investigations). We offer advice in all of these areas, as well as on issues relating to confidentiality and protecting intellectual property rights.
Pension, Tax and Social Security
We advise companies in connection with pension plans as well as tax and social security issues in connection with employment (hiring of key personnel, relocations, restructurings and dismissals).
Complex issues often arise with respect to the issuance of work permits in the context of relocations of corporates or of employees to Switzerland. We advise our clients on these matters and represent them before authorities.