Labour Law
Employment contract, termination, termination agreement, company regulations, immigration law, residence and work permit
Our specialists advise on all areas of employment law, including the drafting of employment contracts, regulations, bonus agreements, employee participation programs, compensation of executives, post-contractual competition prohibitions, data protecti as well as representation in labor law disputes. We are also the ideal partner for you in terms of obtaining residence and work permits.
Remuneration of executives
An appropriate and performance-based compensation is an important requirement for recruiting qualified employees and executives and for a long-term commitment to a company. We advise you in the drafting of mandate and employment contracts as well as the structuring and implementation of employee stock ownership plans and compensation packages for the executives of your company (directors and executive management, board members). Our attorneys assist you in examining the reconciliation of compensation models for executive board members and directors with the Company’s Articles of Association and the Regulations on Excessive Compensation for Listed Companies (VegüV), the approval of compensation models by the General Meeting as well as disclosure issues in this regard.
Work Permits
We support you with regard to work permits in connection with the establishment of companies in Switzerland or the migration of employees from abroad to Switzerland. Our lawyers represent you in this regard in proceedings before authorities.
Your Experts
Patrick Stach
Senior Partner
Michael Kummer
Senior Partner
Sheila Stach
Junior Associate
Felix Imbach
Junior Associate
Reto Kuoni
Junior Associate
Faris Beganovic
Junior Associate
Filip Lapadatovic
Junior Associate
Focus
Distraint of Earned Income: How to Protect Your Minimum Subsistence Level
When the debt enforcement office announces a distraint of earned income, many debtors feel trapped. Suddenly, their monthly salary becomes subject to compulsory debt enforcement measures. However, Swiss law provides effective safeguards. Those who understand the applicable rules can often achieve a manageable solution.
Home Office – Legal Framework and Challenges under Swiss Employment Law
Several years after the COVID-19 pandemic, working from home has become an integral part of modern working life. While many employees appreciate the opportunity to better reconcile their professional and private obligations through greater flexibility, many employers increasingly favour a stronger physical presence at the workplace. They justify this preference primarily by citing easier personnel management, more efficient communication, and closer collaboration within teams. Against this background, the question of the respective rights and obligations of employers and employees in connection with home office arrangements has become increasingly important.
Summary Dismissal under Art. 337 CO
According to Art. 337 para. 1 of the Swiss Code of Obligations (CO), both the employer and the employee may terminate an existing employment relationship with immediate effect for good cause. In practice, however, it is usually employees who are affected by summary dismissal; therefore, the following discussion focuses on their perspective.
A good cause within the meaning of Art. 337 para. 1 CO is defined in para. 2 as any circumstance that makes it unreasonable for the terminating party to continue the employment relationship in good faith. Whether such a good cause exists is determined by the competent court at its discretion pursuant to Art. 337 para. 3 CO, whereby an employee’s unintentional incapacity to work may under no circumstances be recognised as a valid reason.
