A strategic choice: the most suitable distribution channel and the right partners

The best choice of distribution model depends on various factors: Are you seeking a national or international distribution network? How much of an impact do you wish to have on growth, quality and customer relations? What type of distribution partner do you have the most faith in – large corporations or individuals? We help you identify and set up the right distribution channel for you, i.e. franchising, an agency solution or an exclusive distribution agreement. We will also advise you when it comes to selecting your partners.

The cornerstone: development of business structures and drafting of contracts

The purpose of drafting the contract is to anticipate as many future issues and challenges as possible. The more watertight the contract drafted, the better prepared you are for future developments. For example, it is vital to ascertain which sales structures are suitable for your business area and how you can best leverage e-commerce to boost sales. Together we will develop a tailor-made contract solution for your business model.

The right balance: leadership with trust and control

With carefully selected partners and a well-drafted contract, you can avoid any difficulties in a working relationship to a large extent. It is therefore worth considering how much control the sales department in your business segment needs and how you can ensure that your sales partner fulfils its obligations. Should problems arise however, Streichenberg is on hand to offer advice, i.e. how to legitimately gain access to a sales partner's premises – and in a worst case scenario, how to separate from a partner.

Regulatory framework: special requirements for compliance

Your partners also have rights. Under antitrust and competition law, you must grant them certain freedoms, including when it comes to pricing. We work with you to define to what extent you are allowed to control the market behaviour of your distributors. Other key compliance issues concern data protection and public employment law. In addition, certain products and services must meet specific legal requirements and authorisations, for example, pharmaceutical, food or tobacco tax laws.

Preparing for the future: flexibility and innovation

You have a successful business model and want to legally secure your know-how and protect your USP. At the same time, you are wondering how to keep your business idea fresh: how do you ensure that you can quickly adapt your distribution system so that it is in line with changing market conditions and customer needs? Do innovations you have made to the distribution system belong to you? And what do you need to consider if you want to try out new ideas directly on the market? It is also crucial to involve your distribution partners in the information management in an appropriate way – after all, collaboration is the key to success.

Like many other areas of law, employment law is highly exposed to current world events as well as constantly changing social topics and is developing rapidly. We offer our clients competent, comprehensive advice and support in all day-to-day and new challenges of employment law and provide customized solutions.

Contract drafting

The employment relationship gives rise to innumerable rights and obligations for both parties. The foresighted drafting of an employment contract can make a substantial contribution to avoiding future conflicts. We support you in negotiating and drafting contracts, including accompanying documents such as expense regulations, employee handbook or whistleblowing guidelines. In addition, we advise you on all aspects of compensation.

Smooth daily business

We are also familiar with the daily challenges for employers and employees, be it in relation to the pandemic with home office and short-time work, the regulatory requirements of public employment law or the rules of the Gender Equality Act. We analyse and optimise your processes in onboarding as well as in offboarding and thus help you to identify potential conflicts and to avoid or amicably resolve them through a proactive approach.

Termination

An employment relationship can be terminated unilaterally by one party or the parties can mutually agree on termination. Both situations involve certain risks and mandatory provisions of the Code of Obligations must be observed. We are happy to support you, drafting and reviewing notices of termination, termination agreements or reference letters and also advising you on communication matters. Unfortunately, court proceedings cannot always be avoided. In this case we represent you with commitment and competence.

Non-competition and non-solicitation undertakings

Post-contractual non-competition and non-solicitation clauses in employment contracts regularly provide a target for conflicts and even lengthy court proceedings. The courts have a wide scope of discretion in its assessment. Therefore, there are various court decisions that must be taken into account. We provide you with advice and support, are always up to date and represent you in court.

Restructuring and optimization

Many processes in business life directly affect the employees of companies: Legal entities are sold or merged and there are corresponding employee transfers or mass redundancies. New customer relationships are to be established or processes optimized, which can be achieved with personnel leasing or outsourcing, for example. Perhaps you want to recruit employees from abroad or establish a new company or branch in Switzerland and hire employees. We support and accompany you in these processes and obtain the necessary permits.