Employment Law
I am experienced in Swiss employment law and represent employees in court against banks, insurances, Cantons, schools and federal corporations. At the same time I support employers at trial and draft employment agreements for their companies.
- Employment agreements and employee regulations
- Bonus/employee participation plans
- Working time
- Non-compete covenants
- Termination of employment and termination agreements
- Internal investigations
- Restructurings and reorganizations
- Social plans
- Collective bargaining agreements
- Secondments and personnel placement
- Discriminations and conflicts at the workplace
Criminal Law
Furthermore, I defend accused people in criminal law. I represent corporations, directors, management and other individuals in connection with a broad range of government investigations, enforcement actions, and internal investigations. I represent my clients when they have become victims of criminal behavior by their own employees or by third parties, and help them assert their rights within and beside the criminal investigations and proceedings. I also represent my clients when they need to defend themselves against allegations of wrongdoing in various business contexts and at every stage of the criminal process, in investigations, before prosecutors or courts.
Marc Schmid
Marc Schmid has completed the specialist lawyer course in employment law by the Swiss bar association and advises employees on dismissals and helps them to claim wages and bonuses and obtain good references. He also supports them in planning their retirement.
SMEs and entrepreneurs benefit from his advice on drafting employment contracts and personnel regulations and on all issues relating to social insurance and compliance with collective employment agreements. Marc Schmid can also assist you with employee participation programs.
Dismissals
The protection of employees in the event of abusive dismissal has been clarified by the Federal Supreme Court. According to the Federal Supreme Court, a dismissal following an employee’s complaint of bullying or sexual harassment can be abusive. If a dismissal is made at an inopportune time, i.e. during illness or pregnancy, it is null and void. In the case of termination without notice, the law states that there must be “good cause”.
Bonus, salary and compensation
Many employees receive a “bonus”. The law does not define the term “bonus”. It is therefore often difficult to determine whether a bonus is mandatory or voluntary on the part of the employer and whether it is still payable after termination.
Support for employers and companies
Drafting and reviewing employment contracts
Handling of termination disputes and cases of unfair dismissal
Legal advice on compliance with Swiss labor regulations
Conducting internal investigations and representation in employment law proceedings
Ongoing legal updates and training on employee rights and obligations
Internal investigations
In employment law, internal investigations are an important tool for employers to clarify misconduct, compliance violations or conflicts within the company. As the Federal Supreme Court has ruled, employers do not have to adhere to the rules of criminal procedure. However, they must take appropriate preventative measures. We will be happy to help you with this.
Incapacity for work
Incapacity for work occurs when an employee is unable to perform their work due to illness or injury. In such cases, it is important to understand both the labor law and social security law aspects in order to take timely and correct action.
Bullying
Bullying in the workplace can have serious consequences for those affected – from psychological stress to health problems, as well as warnings, dismissals or transfers due to bullying. As a specialized law firm, we support you in defending yourself against bullying and enforcing your rights.
White-collar criminal law
In white-collar criminal law, we regularly defend and advise company executives, but also companies as accused persons and other parties to proceedings. We have many years of experience in connection with sealings, editions, seizures, confiscations, claims for compensation and the implementation of coercive measures in companies.
Victim protection
As experienced lawyers, we stand up for your rights as victims of crime. The legal process can often be lengthy and complex, which is why we provide you with our expertise and offer you professional support to enforce your claims for damages and compensation.
Administrative criminal law
We regularly defend and advise clients in administrative criminal law proceedings before the Swiss Finance Department in connection with breaches of reporting obligations and FINMA violations in the banking sector, as well as in proceedings before the Federal Customs Administration.
General criminal law
We defend and advise individuals in criminal proceedings in all areas of general criminal law (in particular homicide, bodily injury, property offenses, state security offenses, official offenses, judicial offenses, etc.), as well as in secondary criminal law (narcotics offenses, road traffic offenses, etc.) and police law.
Property (fraud, robbery, theft, embezzlement, breach of trust, UWG, etc.)
Customs Act / VAT
International legal assistance / cross-border matters
Life and limb (bodily injury, etc.)
Narcotics Act (drug trafficking)
Sexual integrity (sexual assault, pornography, etc.)
Honor (insult, defamation, etc.)