“Am I entitled to a written employment contract?”

“Orally, we had agreed otherwise. What counts?”

We advise our clients in all employment law matters, and we clarify any questions they may have related to their employment contract.

We also check or draft (model) employment contracts, staff regulations, supplements, addenda, and other agreements between employers and employees.

“I resigned at the end of October. Is the 13th month’s pay due?”

“Is this bonus part of my salary?”

We advise both employers and employees on all matters relating to salaries, bonuses, and profit-and-performance-related remuneration.

“In case of termination, am I entitled to be released from my duties or do I have to serve the full period of notice?”

“Our employee became ill during the release from his duties (garden leave). What are the rules in this situation?”

By releasing an employee from his or her duties (garden leave), the employer waives the employee’s duty to work. The employer often grants the employee time off after giving notice of termination in order to prevent contact with customers and business partners until the employment relationship has ceased. In many cases, the following issues must be regulated when an employee is put on garden leave:

• Duties during the release from his/her duties (e.g. availability)
• Handover of ongoing work and pending issues
• Return of documents and objects
• Deletion and transmission of data
• Salary and bonus entitlements
• Vacation entitlement and overtime
• Confidentiality obligations

We will be happy to answer your questions about garden leave and to support you (e.g., with the preparation of respective declarations and agreements or in disputes in this matter).

We draft and revise the following regulations for employers:

• Personnel regulations/employee handbook/general terms of employment
• Employee stock option plans
• Working time regulations
• Bonus regulations
• Vehicle regulations
• IT usage regulations
• Social media regulations
• Regulations for on-call service
• Expenses regulations
• Guidelines on sexual harassment

“My employer has set up new cameras on the business premises. Is he allowed to do that?”

“Does this information belong in the personnel file?”

With the increasing digitalization of work processes, the topic of data protection is becoming ever more important in the employment relationship.

We advise employers and employees on all data protection issues. We lead litigation and conduct proceedings concerning data protection and personality rights, and we advise companies on the implementation of data protection both under Swiss data protection law and the EU General Data Protection Regulation (GDPR).

We have specific expertise in the following data protection issues:

• Processing of personal data in the employment relationship
• Privacy and home office
• Data protection declarations, regulations, and contracts
• Data transfer abroad and to third parties
• Keeping the personnel file
• Requests for information and provision of information/inspection of personnel files
• Screening of applicants
• Workplace monitoring

“What is the deadline to notify of a short stay?”

“An employee of our foreign subsidiary has to work for a project at Swiss headquarters for six months.”

Employee mobility is particularly important in international companies. We support you in planning and implementing long-term assignments or secondments of foreign employees to Switzerland. We help you find and implement a suitable mobility model, and we prepare the necessary contractual documents and applications for work and residence permits.

We also advise and represent individuals who wish to pursue self-employment in Switzerland.

“What are our employees’ mandatory contributions?”

“Should we take out daily sickness benefits insurance?”

“As an employer, when can I introduce short-term work?”

“Were the hiring days justified? If not, what can I do about it?”

The Swiss social security system is comprehensive and offers broad protection against the various dangers and risks of (working) life. However, it is not always easy to keep track of the numerous insurance plans and to assess who is subject to which insurance and when, or what contribution and benefit obligations exist.

We advise employers, employees, and self-employed persons on all legal issues in the following insurance plans, and we represent you before the authorities and in court:

• Old-age, survivors, and invalidity pension plans (AHV/IV)
• Accident insurance (UVG)
• Unemployment insurance (ALV)
• Income replacement/maternity compensation (EO)
• Family allowances

Our advice also covers issues relating to daily sickness benefit insurance. Although such insurance is not mandatory for employers to take out, many employers use it to protect themselves against the financial risk resulting from the statutory obligation for sick pay.

“My employer has requested that I update my LinkedIn profile.”

“The employee spends half the day on the smartphone, using social media.”

Social media platforms like Instagram, Facebook, LinkedIn, Xing, and Tiktok are an integral part of many people’s everyday lives. The use of social media, whether in the workplace or during leisure time, can affect work and cause conflicts.

From an employment law perspective, the following problems often arise in regard to social media:

• Use of social media during working hours
• Private use: what is permitted and what can be regulated
• Cyber bullying, slander, and libel
• Reputation risks and protection of business secrets
• Employee monitoring
• Sanctioning instruction violations

We have in-depth knowledge of social media and can provide you with comprehensive advice on all related questions. Furthermore, we draw up social media guidelines tailored to employers’ needs.

“Am I subject to the CEC?”

“What deductions are permitted under the CEC?”

In 2018, some 2,115,300 employees in Switzerland became subject to a collective working agreement. However, it is not uncommon for employees to be unaware that they are subject to a CEC and which provisions of a CEC apply to them.

The interaction between a CEC and the applicable employment contract agreements can pose problems for employers as well.

We advise our clients on all legal questions concerning association and company CECs as well as standard employment contracts (NAV). We have specific expertise in the three most important CECs: the CEC for personnel leasing, the CEC for the hotel and restaurant industry (L-GAV), and the CEC for the construction industry.

“Was I not promoted just because I’m a woman?”

Employees must not be directly or indirectly discriminated against on the basis of sex. Discrimination based on other characteristics, such as sexual orientation, origin, appearance, or religion, is also unacceptable.

We are at your side if you are affected by discrimination. We identify possible ways to defend yourself in such a situation, and we advise your of your legal rights.

To employers, we indicate possible structures to prevent discrimination in the workplace and explain how to proceed in suspected cases. We also advise employers on the measures to take under the Equal Opportunities Act to prevent sexual harassment.

“Having been late for work twice, I was told not to come back.”

“The employee is on sabbatical, but we can’t continue the employment relationship.”

“Can I be terminated by e-mail or SMS?”
“What does a change of notice mean?”

A termination notice is often a distressing event. We can help you if you have lost your job or if you are in danger of being fired, and find out what you are entitled to.

For employers, dismissals are often not easy situations. Due to a dismissal’s irrevocability and important legal consequences, it is advisable to obtain legal advice before discussing it, to make sure you have met all requirements. We have extensive experience and will be happy to help you.

The following legal topics are regularly of interest in termination cases:

• Notices of change: Requirements and points to be observed
• Employer certificate
• Termination of employment before taking up employment
• Implementation: content, formal requirements, and delivery of notices
• Amicable employment termination and termination agreements
• Vacation and time credits
• Release from work (garden leave)
• Editing and checking of termination letters and reasons for termination
• Protected period
• Insurance law issues
• Conditions for termination without notice

“My former employer won’t give me a reference. What can I do?”

“The employee was never on time. Should I mention this in the reference?”

References are still very important in the (Swiss) job market. Incorrectly written or untrue references can make it difficult for the employee to find a new job. Employers who issue a false or incomplete certificate may face liability issues.

Due to different interests, conflicts in connection with job references are frequent. We advise and support you especially in the following situations:

• The employer does not issue a job reference.
• You are uncertain whether the certificate is well-formulated and complete.
• The certificate is incorrect and contains incorrect data, spelling mistakes, or no signature.
• You have been issued an untrue or incomplete certificate of employment. This may be the case, for example, if the employer wrongly certifies poor performance or inappropriate conduct or does not mention certain activities that you performed.
• You would like to know which points you, as an employer, must mention in the certificate or, conversely, which points you may not mention.

“I was fired. May I begin a new job?”

“The fired sales rep keeps visiting our clients. What can we do?”

Non-competition clauses can be validly agreed only within narrow legal limits. We will be pleased to provide you with contract clauses tailored to your needs or to check existing clauses for their validity and enforceability. We will also advise you on all other questions concerning restrictions on competition, such as:

• How to act against unauthorised enticement of customers
• Whether a penalty is due
• Whether and how the courts can prohibit a competing activity
• Assessment of whether you can work for a particular employer

“What can I do if I’ve been graded too low?”

“In our municipality, we need to revise the staff regulations and the corresponding implementing provisions.”

Especially in the field of public personnel law, numerous complex community and employee questions arise. We will be happy to provide you with competent support.

“We would like to deploy a team to a client for a longer period. Do we need a permit?”

“What rights do I have as a temporary employee?”

Private employment agencies and personnel hire (temporary work and loaned work) are regulated by law in Switzerland. An official permit is required.

We advise employers who place or lend personnel, companies borrowing personneland employees who are placed or lended on all questions concerning employment placement and personnel leasing. In addition, we take on representation in approval and other official and court proceedings.

We have extensive expertise in the field of temporary work and the legal issues related to this kind of work. We advise you specifically on all questions concerning the collective employment contract for personnel leasing.

“Can I quit while I’m on assignment abroad?”

“How is the seconded employee to be insured?”

“Who bears the moving costs?”

Even in our globalized and networked world, many companies still have to temporarily relocate their employees to another location, Group company, or customer. Before a posting abroad, a whole range of relevant legal issues should be clarified in detail. Wewould be happy to advise you regarding these issues, in particular the following:

• (Social) insurance coverage abroad
• The tax situation in Switzerland and abroad
• Work and residence permits
• Official notification requirements
• Specific obligations under employment law
• Preparation of the necessary contracts and documents

We also support our clients in all matters relating to assignments in Switzerland, such as:

• Registration procedures
• Minimum working and wage conditions (wages, expenses, accommodation, occupational safety, and insurance)
• Bogus self-employment
• Penalties for infringements
• Preparation of the necessary contracts and documents

“After maternity leave, I was transferred to another department.”

“Am I entitled to work on a lighter schedule after maternity leave?”

Unfortunately, all too often the balance between work and family life leads to legal problems.

We advise mothers and fathers on all legal questions concerning family planning and working life. We show companies possible measures with which they can improve the compatibility of work and family life at a profit, as well as which legal barriers they have to observe.

“Suddenly, money was missing from the cash register.”

“Something seems to be wrong with the expense report.”

Companies commonly investigate certain incidents or suspicions. Before taking disciplinary action or filing a criminal complaint, it is advisable to determine discreetly and confidentially whether someone is responsible for misconduct.

During an internal investigation, numerous questions from various areas of law confront company managers with data protection being of particular importance. The involvement of a trustworthy partner is therefore essential in many cases.

We conduct internal investigations for our clients and provide them with independent and reliable investigation results. We also advise employees involved in internal investigations and inform them about their rights and obligations in such proceedings.

“We learned of the company closure from the media.”

“We will have to cut many jobs over the next few months. Is this a mass layoff?”

If several unconnected notices of termination are issued in a company within 30 days, this may constitute a mass dismissal in the sense of the Swiss Code of Obligations, which then stipulates special employer obligations.
Mass dismissals often occur in connection with the closure of a business due to bankruptcy, debt deferral, or restructuring.

It is advisable to obtain sound legal advice in connection with the dismissal of several employees, particularly about the following points:

• Applicability of the regulations on mass dismissal or the notification requirements under the Employment Agency Act
• Information and consultation of the employees or their representatives
• Obligations towards the cantonal employment office
• Preparation and negotiation of a social plan