Generally, yes, provided subsidiary bears the cost of award (whether by paying the award directly to the employee or by reimbursing parent pursuant to a written agreement if parent makes payment).
Income Tax:
Reporting requirements apply with respect to the payment of the cash-settled awards.
Withholding required only for foreign employees with B permit and cross border employees.
Social Insurance Contributions:
Yes, for both employee and employer.
Employer must withhold employee's contribution.
Awards paid in cash through local payroll generally have increased plan entitlement risks, as well as other increased labor law risks such as the need to include amount in termination indemnities, statutory benefits such as vacation and sick pay, obligation to consult works council, etc.
This risk of an acquired right will also increase if payments under the Plan have been made at least three consecutive times without a disclaimer as to the voluntary nature of such payments.
To reduce the risk, a written disclaimer is recommended.
The termination clauses and resignation provisions of the Plan may be invalid if the award qualifies as a salary component and the employee has a pro rata claim.
A valid basis is required to collect, process and transfer personal data.
Companies should review their approach to data privacy compliance in the context of equity plan administration and consider on which basis they may be able to rely to collect, process and transfer the employee's personal data.