Labour law, Social Security law for SMEs
I represent the interests of employers and employees in the labour law sector. This is advantageous as I know both sides thoroughly and can fully commit myself to my clients.
What is true in other areas of law is particularly true in labour law: If you only take the legal route and ignore interpersonal factors, you will be shipwrecked very quickly.
Recruitment, Appointment, Onboarding
Thanks to my 20 year background in HR, I help you avoid costly miss-hires. Employment contracts and regulations must be tailored to your business. New employees have to be integrated into existing teams and kept happy. I protect you when outgoing staff threaten to compete with your business.
You want:
an employment contract tailored to your company
The employment contract regulates the rights and obligations arising from the employment relationship. Certain clauses are subject to formal requirements that are a prerequisite for their validity.
up-to-date personnel regulations
Personnel regulations or employee handbooks are widely used in Switzerland. They define the essential guidelines of the employment relationship in a company. These include topics such as the private use of the IT infrastructure, home office regulations and behavioural instructions to avoid mobbing or sexual harassment. Larger companies also define codes of conduct to punish unethical behaviour.
an enforceable non-compete clause
Very many contractual non-compete clauses cannot be implemented in practice. They are drafted too broadly without taking the specific situation into account.
to integrate the expats in your company
The first six months of the onboarding process are crucial for the successful integration of new employees. This is especially true for expats (and their partners). However, the latter are often forgotten.
pre-employment screening of executives
Hiring managers is always a special challenge. They are at the centre of the action and are especially trusted. Incorrect appointments prove to be extremely costly. A systematic background check minimises the risk of making wrong personnel decisions.
a work permit for third country nationals
Work permits for EU and EFTA nationals are easy to obtain. The situation is very different for third-country nationals. Their applications must be very well substantiated. The relevant requirements are laid down in Switzerland’s Foreign Nationals and Integration Act and in the Ordinance on Admission, Residence and Gainful Employment.
Dismissal, Annulment, Termination
Freedom of contract is not absolute. Termination reasons and termination dates must be taken into account. The judge punishes all types of gender or age discrimination. In the case of mass layoffs, the correct procedure is crucial. Your restructuring scheme may also be subject to social plan obligations. I will support you in these difficult situations – even outside office hours.
You want:
a correctly executed summary dismissal
The hurdles are very high for a justified summary dismissal. Prior legal advice is strongly recommended.
to issue a change notice
A distinction must be made between actual and non-actual dismissal with a change notice. The procedure is not the same. Many companies overlook the fact that, depending on the number of employment relationships affected, the provisions on mass dismissal must be complied with.
a considerate mass dismissal
The law clearly set outs the definition and procedure. The consultation procedure must not degenerate into an alibi exercise. Penalties apply in the event of non-compliance.
a sustainable social plan
The quorums for a social plan are not identical to those for mass dismissals. Not every mass dismissal is thus affected by the social plan obligations. However, a generous social plan usually pays off.
a true job reference
An employer’s job reference must be true, complete, individually drafted, clear, balanced and favourably worded. The employee, however, is entitled to a true, but not necessarily good, reference. In other words, the principle of truth takes precedence over that of goodwill.
CLA, Compliance, Social partnership
Social partnership is a central element in Switzerland’s labour law. Collective labour agreements guarantee the best possible working conditions, but are always a compromise between employers and workers’ associations. Even an SME can no longer afford to ignore compliance rules today. I ensure my clients have a good reputation.
You want:
to negotiate a fair collective labour agreement
Depending on the constellation, negotiating a balanced CLA is a very difficult undertaking that can drag on. This causes unrest in the daily work of the parties involved.
lean compliance regulations
Poor compliance is a reputation killer. A shit-storm in the social media causes quite a stir. You will have bad cards if you never thought about this issue beforehand.
to remedy grievances in your company
Rules will be breached wherever people work together. It is advantageous for your company if a whistle-blower can turn to an (internal or external) reporting office and thus does not feel forced to go to the press.
Insurances
Our social insurances are becoming ever more complex. I will help you keep on top of things.
You want:
to realign your social insurance portfolio
It pays off to check your insurance coverage at regular intervals and amend it if necessary. This rules out gaps and avoids over-insurance.
to register an employee with Switzerland’s invalidity insurance scheme and accompany him/her
to claim daily sickness insurance benefits
The best way to fulfil your duty of care towards your employees is to fully involve the relevant insurers at an early date. However this sometimes requires a great deal of patience.