At the heart of every company’s success are its people. Recent legal developments, new work models, employee mobility, changing employee needs and innovative employee incentive programs have triggered complex legal challenges for many employers – especially in the international context.
Consequently, employers are nowadays not only faced with challenges in legal compliance around namely employment contracts, policies and termination situations, but also with balancing the needs of their international, diverse and sophisticated workforce to ensure attractive employment conditions, create incentives and retain talent.
KPMG Law Switzerland is happy to support you in this dynamic environment, be it as an employer or an employee.
Currently, we experience an increasing demand regarding our HR due diligence services. Many buyers are increasingly attributing more and more importance to the people behind a business and particularly desire to conduct an HR due diligence.
Employment law & labor law
Which mandatory employment laws and mandatory labor laws apply in Switzerland? What termination protections are there? Are non-compete clauses enforceable in Switzerland? And how do overtime and minimum wage rules work?
Our Swiss employment lawyers and labor lawyers have the answers to these questions and any others you may have in areas such as:
- Drafting of employment contracts, policies and compliance regulations (such as a(n) executive employment contract, hourly-based employment contract, employee handbook, working time policy, remote work policy, disciplinary policy, code of conduct, diversity and inclusion policies/initiatives, etc.)
- Support with redundancies and terminations (incl. out-of-court negotiations, drafting of termination agreements, design of severance packages, advice on garden leave modalities, etc.)
- Advice on general employment law and labor law topics, such as sick pay, overtime and vacation claims, termination protection, discrimination, non-compete and non-solicitation obligations, employee privacy rights as well as IP rights
- Advice on and compliance with any federal or cantonal collective bargaining agreements (incl. advice on application scope, trade unions, minimum wage, employee rights and rights of a work council)
- HR due diligence in connection with M&A transactions (such as share or asset deals, mergers, transfer of businesses, etc.), incl. post-deal integration
- Advice on and application for permits concerning night work, Sunday work, shift work and/or staff leasing
- Advice on and compliance with workers’ health protection, workplace safety as well as mandatory wage and hour provisions
- Support of employers facing labor inspections/audits by competent national authorities
- Training in Swiss employment law and/or labor law, especially for companies with global operations
- Support for start-ups in hiring workers as well as support for founders as they transition into their own start-up organization
What are the requirements for a work permit application in Switzerland? Do I need a visa for Switzerland? What are the requirements for a Swiss citizenship? How can I get a residence permit for my family?
Our Swiss immigration lawyers, immigration consultants and legal experts are happy to answer these questions and support you in the areas such as:
- General advice for foreign nationals on Swiss immigration law and immigration scenarios in Switzerland
- Advice on and support with immigrant visas and visa applications (e.g. business trips, employee mobility)
- Assessment of various immigration cases under Swiss immigration law (e.g. for gainful employment, retirement, education and medical reasons or as athletes, musicians, etc.)
- Advice on corporate immigration to Switzerland (i.e. setup of Swiss-based company and hiring of foreign nationals with different citizenships)
- Advice on and drafting of work permit/visa applications for gainful employment with a Swiss-based company
- Advice on and drafting of work permit/visa applications in connection with assignments from abroad to Switzerland (especially intracompany and internal secondments)
- Advice on and drafting of residence permit applications without gainful employment (settlement permit (C), residence permit (B) or short-term residence permit (L))
- Advice on and drafting of family reunification permits/visas (i.e. family-based residence permits)
- Support with the naturalization process and citizenship application, respectively
- Correspondence with the government and drafting of various filings to competent governmental authorities
- Advice on and compliance with Swiss immigration laws while working in Switzerland (particularly national assignment laws, incl. mandatory provisions on workers’ protections as well as minimum employment conditions and minimum wage requirements in Switzerland)
With our immigration solutions you additionally benefit from our leading case management technology and professional crises management.
Which assignment laws do you need to comply with when seconding employees to Switzerland? Which rules apply to business trips to Switzerland? What needs to be considered from a social security and tax perspective?
Our Swiss lawyers and mobility experts can help with these questions and many more, including in the following areas:
- Advice on various regulations in connection with workforce mobility to Switzerland (employment law, labor law, assignment laws, tax laws, social security laws and general reporting duties)
- Management of and advice on employer compliance with applicable regulations while a foreign employer's workers are working in Switzerland
- Drafting of various mobility policies and contracts, such as a global mobility program, assignment policy, assignment letters, expatriate agreements, addendum to employment contracts, etc.
- Management of talent pool, development of talent mobility and career mobility solutions
Rewards & incentives
Which incentive programs and reward programs are commonly implemented in Switzerland? How is equity-based compensation structured for executive employees? How can you best ensure retention and incentivize your people?
Our Swiss reward experts understand these questions and particularly support you in the following areas:
- Advice on and design of employee compensation considering various jobs, functions and ranks
- Advice on and overview of the various types of bonus or incentive programs, while considering tax consequences
- Design of an equity-based employee incentive program such as share plans, restricted share unit plans, stock option plans, share matching plans, etc.
- Design of a cash-based employee incentive program such as (target) bonus programs (e.g. performance-related or profit-sharing), commission plans, phantom share or phantom stock option plans, etc.
- Drafting of any related documents for a particular incentive plan such as grant letters, amendments of employment contracts, target agreements, etc.
- Advice on talent management, employee engagement and employee retention (incl. development of an employee retention program and other employee rewards programs)
- Advice on typical Swiss employee benefits, fringe benefits and other employee incentives (incl. monetary incentives)
Recent publications & thought leadership
Your key contacts
If you’re looking for a trusted advisor who provides business-oriented ideas and solutions, while helping you to meet your global legal challenges, KPMG Law Switzerland is the right choice for you.
We aspire to be your legal partner of choice, leveraging our global network and incorporating our multidisciplinary knowledge into our solutions. Further, our leading digital capabilities efficiently facilitate the implementation of various solutions and processes.