Des Gouttes

Employment and Immigration

Employment

We have extensive experience in employment matters, in particular in the negotiation and drafting of employment agreements, bonus and incentive schemes, termination (individual or mass) agreements, intellectual property ownership, non-compete and non-solicitation clauses, data protection and internal policies. We also conduct due diligence on companies across all industries in transaction related matters, including compliance to employment law, social security, health and security requirements.

To attract and retain top talents, an increasing number of companies offer incentive plans of different nature to their employees (share purchase or share option plans with various vesting schedules, bonus retainers, etc.). We advise our clients on the structuring and setting up of such plans, including on the social security and tax aspects thereof.

Our services include:

  • Drafting and negotiating employment agreements, including with shareholding aspects, as well as similar contractual relationships (e.g., mandate agreements, consulting agreement, so-called "body lending")
  • Drafting internal company regulations and guidelines (e.g., employee manuals, codes of conduct, data protection, anti-discrimination regulations)
  • Drafting bonus and incentive schemes (employee participation schemes – stock option or purchase plans, management remuneration systems, etc.), including any tax and social-insurance law matters related thereto
  • Advising on maximum compensation and disclosure obligations for listed companies and "say-on-pay" legislation
  • Filing applications for work and residency permits for foreigners from EU and non-EU countries
  • Advising on employee secondments
  • Negotiation between employers and employees in all employment-law related matters, including restructuring measures, outsourcing, mass redundancies, termination agreements, severance payments
  • Termination or amendment of employment relationships

Immigration

We advise our clients, ranging from large multinationals to senior executives, on various immigration issues, such as:

  • Obtaining work permits for all levels of employees, whether EU or non-EU nationals
  • Obtaining residency permits for foreigners
  • Handling issues relating to mergers and acquisitions, employee relocation or intra-group transfers

Social Security and Pensions

We advise our clients on all aspects of insurance, as well as social security law and pension matters:

  • Advice on illness, accident, retirement, survivors' and invalidity insurances
  • Advice to Swiss and internationally operating companies on social security compliance and social security implications of employee remuneration
  • Advice to foreign employees on the social security implications of working in Switzerland
  • Representation of clients in dealings with authorities and court proceedings

Dispute Resolution

We have thorough experience in dispute resolution, whether in front of ordinary labour courts or through mediation, to both employers and employees in managerial positions, in all industry sectors with a particular focus on the banking industry.

We further provide expert assistance in relation to mass dismissal, including notifying the competent authorities, negotiating social plans and obtaining releases of liability.

Transactions

We regularly advise on all implications of employment matters in connection with corporate transactions, i.e. due diligence on employment, social security and pension matters, analysis of their impact on purchase agreements, balancing of pension coverage levels, establishing new pension plans, etc.

Main Contacts: Nathalie Bessard, Anaïs Abdel Sattar