Michael Hess
Zurich

Michael Hess, LL.M.

Counsel, Certified Specialist SBA Labour Law

+41 44 215 9317

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Valentina Morgante

Assistant


valentina.morgante@swlegal.ch

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

Career

Professional Experience
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
Education and Admission
2017
Certificate of Advanced Studies UZH 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
 

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