Employment and Executive Compensation
Our multidisciplinary Employment and Executive Compensation team is made up of recognized specialists who advise on all areas of employment law, including regulatory issues, executive compensation, pensions, as well as taxes and social security. In addition, we represent companies and entrepreneurs in litigation.
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.
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.
We represent clients in litigation in employment matters in all Swiss cantons and in all national languages, often in disputes over employee participation programs.
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.
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.