Rayan Houdrouge is a partner at Walder Wyss. He advises and represents Swiss and multinational companies as well as international organisations on all employment law matters. He has extensive experience in executive transfers, compensation packages, work regulations, internal audits and collective procedures, including business transfers and collective dismissals. He also is an accredited labour law and social security expert (Swiss federal certificates) and assists clients in social security and pension fund matters, including contentious aspects.

What did you find challenging about entering practice as a labour and employment specialist?

Starting out, I found the most challenging aspect to be finding ways to provide pragmatic advice to clients that considered not only the legal framework, but also clients’ business culture, ethics and business needs.

What excites you most about labour and employment practice?

That it concerns a field that is one of the most fundamental pillars upon which our society rests and that today, it is undergoing profound changes and adaptations.

With the rise of remote working and increased digitisation in the workplace, do you think current employment law in Switzerland and Europe is fit for purpose, or is reform needed?

I think that employment law needs to undergo significant changes in order to adapt to the new on-the-ground reality of remote working.

Employment law was founded on the idea of brick-and-mortar workplaces. Remote working means rethinking a host of employment law provisions and more fundamentally, what the workplace looks like.

Moreover, additional issues may arise when cross-border employees work from home, especially with regard to social security, taxes, governing law and jurisdiction and data protection.

Recently, authorities in many countries have been scrambling to come up with ad hoc plans to address social security affiliation and taxation of cross-border employees working from home, meaning the existing systems clearly are not fit for purpose.

What do multinationals and international organisations look for in an employment law specialist?

Multinationals and international organisations are looking for employment specialists who not only can provide them with advice regarding the legal framework, but who also can provide pragmatic, tailor-made guidance. They are looking for strategic, tactical guidance that is in line with their business culture, ethics and business needs.

What are the greatest challenges currently faced by pensions and social security practitioners like yourself, and how can they be effectively tackled?

Currently, one of the biggest challenges is juxtaposing the existing binary system under which individuals either are employees or independent contractors with today’s realities, especially the gig economy.

For the moment, companies can address this issue by adapting their business models to increase the likelihood that individuals coming under them clearly can be classified as either employees or independent contractors (based on the company’s wishes).

In the long term, authorities and politicians will need to adapt their practices and the legal framework.

Moreover, the current economic and demographic context has called into question the entire social security framework.

The fundamental purpose of a social security system is to provide for an individual’s needs (and those of their family) in the event of their old age, disability or death.

However, today, in many quarters, it increasingly is felt that it is not possible to rely on the assumption of receiving adequate social security benefits, especially in old age. Therefore, there is an increasing reliance on individual saving and individual retirement planning, rather than counting on the collective to provide for us in times of need.

The root of this issue would need to be addressed politically, with measures to increase the workforce. This could be done by changing immigration policies and introducing measures to facilitate workplace participation.

In the meantime, lack of confidence in the system will lead to an even more marked shift towards individual saving by those who are able to do so.

How does Walder Wyss distinguish itself from the competition in the labour and employment market?

Walder Wyss distinguishes itself through its dedicated team of employment law specialists.

Walder Wyss is unique in Switzerland. It operates in all regions of Switzerland and covers the most territory of any Swiss law firm. Walder Wyss also has the largest employment team, with the greatest number of lawyers specialised in employment law, including many with the Swiss Federal Certificate in Labour Law.

What skills do future employment lawyers need to cultivate in order to reach your level of success?

To succeed, a lawyer must be able to address situations pragmatically and creatively. To do this, one must have a global vision of world affairs, society, different legal domains and their interactions.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

I would be honoured to be part of the process of rethinking and changing the existing legal framework to adapt it to the changing societal, ethical, economic and technical realities.