Mercuris Legal

We assist you in managing legal issues related to labor law

Labor law is characterized as an increase legal complexity, as much in employer-employee relations as in those with service providers (insurance, employment agencies, salary managers, etc.), the social partners and with the authorities and the courts.

With a global approach, our lawyers and experts assist you to understand the obligations and rights of employees and employers in labor law. Mercuris Avocats has proven expertise in the field of labor law:

  • Labor Law Advisory and Related Legislation
  • Assistance when hiring employees abroad
  • Preparing documents for employee-employer relations
  • Assistance with service provider contracts
  • Salary management
  • Restructuring, transfer or cessation of activities
  • Accompaniment and negotiation in case of disputes

We advise our clients in all areas of Swiss labor law, i.e., Code of Obligations, Labor Law, Social Law, Collective Agreements, etc.

The activity also includes counselling for corporate compliance with data protection, obtaining work permits and family gathering.

Preparing documents for employee-employer relations

This activity includes for example the drafting of:

  • Employment contracts and amendments
  • Staff regulations
  • Internal regulations of employee time management
  • Terms and conditions of compensation plans
  • Letters of termination, departure agreements, leave-change documents
  • Work certificates or letters of reference (legal part)
  • Warning letters, performance plans
  • Payment of entertainment expenses
  • Collective labor agreements (CCT)

Assistance with service provider contracts

Human resources increasingly need to enter into complex contracts with external service providers (accident insurance contracts or loss of earnings, group health insurance, salary management contracts, or the hiring of employees by agencies, etc.)

We are able to assist our customers to check that the conditions offered by these external service providers comply with the legal and customary conditions in the field.

Labor law insurance

As part of an employment relationship, various social or private insurances are concluded. The stakes are high for both employers and employees. Our role as a lawyer is not to advise on the choice of insurance, but we can provide our expertise on the following:

  • Advice on legal obligations and various options for employers in terms of social or private insurance (AVS, accident insurance, compulsory or not, 2nd pillar, loss of earnings insurance)
  • Legal assistance in the event of difficulties with the authorities in charge of social insurances or with private insurance companies and dispute management
  • Relations between the employees and the various private or social insurances resulting from the employment contract, in particular the premature termination of the benefits provided by the loss of earnings insurances (or more rarely the accident insurance) and disputes with unemployment (or more rarely the AVS)

Salary management

  • Advice on social insurance and labor law
  • Preparation of payroll, social insurance and tax at source
  • Preparation of payment instructions (DTA) and accounting documents
  • Control of final insurance premiums statements
  • Establishment of salary certificates for the tax declaration
  • Implementation of payment of fees

Restructuring, transfer or cessation of activities

Businesses involve great changes that affect employee-employer relations. Adequate strategic and legal management is essential in the event of restructuring and / or collective redundancies.

The management of the transfer or the cessation of activities also implies obligations on the part of the employer vis-à-vis the employees.

We can support such end-to-end changes in a discreet and effective way to maintain healthy relationships between employees and employers as well as to maintain the image of the company.

Assistance and negotiation in case of disputes

Unfortunately, it is not always possible to maintain conflict-free relationships between employees and employers. We act in the best interests of our clients, which often involves negotiations to reach an agreement between the parties. If this is not the case, we are able to manage labor law disputes before courts in Western Switzerland.