Schellenberg Wittmer Ltd

Employment / Corporate & Commercial / Dispute Resolution / International Mobility & Investment Migration / Administrative Law and Public Procurement / Internal Corporate Investigations

Michael Hess, a Certified Specialist SBA Labour Law, co-heads the Employment Practice Group in Zurich. He has a strong expertise in advising domestic and foreign clients in all employment related matters. He has vast experience in advising on employment agreements, individual and collective dismissals, business transfers, international employee transfers, remuneration and bonus schemes, non-compete covenants, recruiting and staff leasing compliance, and social security matters. Also, he has ample experience in conducting internal investigations.

Michael is experienced in resolving disputes and negotiating settlement agreements. He regularly represents parties in court proceedings, frequently defending employers, but also enforcing confidentiality and non-compete undertakings.

Experience:

• Day-to-day counselling in Swiss employment matters
• Defending an employer against golden parachute claims asserted by members of the former management in the aftermath of an acquisition and change of control
• Defending an employer against claims asserted on the bases of gender discrimination and retaliatory dismissal
• Enforcing confidentiality undertakings
• Supporting employers in social security audits and defence against claims for additional contributions
• Supporting employers in audits on their use of the short-time indemnity (furlough) scheme (in particular during the Covid pandemic) and representing them with respect to claw-back claims
• Supporting and representing a service provider in obtaining licenses required to provide recruiting and staff leasing services on the Swiss market
• Internal investigations into suspected wrongdoing by employees, such as a violation of policies, creation of slush funds or abuse of company funds
• Representation of an employer in criminal proceedings against a former employee who embezzled company funds

2018 - Counsel at Schellenberg Wittmer 2010 - Senior Associate at Schellenberg Wittmer

2005 - Associate in a St. Gallen law firm

2002 - Trainee Clerk with a district court in the Canton of St.Gallen

2017 - Certificate of Advanced Studies in Labor and Employment Law, University of Zurich

2010 - LL.M. in International Business Law, London School of Economics and Political Science

2005 - Bar Admission in Switzerland

2002 - lic. iur. HSG, University of St. Gallen