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Compensation Agreement
I need a compensation agreement for a mid-level employee transitioning to a senior role, outlining a performance-based bonus structure, annual salary review, and inclusion of a non-compete clause. The agreement should comply with Swiss labor laws and include provisions for remote work flexibility.
What is a Compensation Agreement?
A Compensation Agreement outlines how and when someone will be paid for their work or services in Switzerland. It spells out the complete payment package - including salary, bonuses, benefits, and any special incentives. For employees, these agreements must follow Swiss labor laws about minimum wage, overtime, and social security contributions.
Swiss companies often use these agreements for executive contracts, sales commission structures, and consulting arrangements. The document protects both parties by clearly stating payment terms, performance requirements, and payment schedules. It helps prevent misunderstandings and ensures compliance with Swiss employment regulations, particularly around mandatory benefits and fair compensation practices.
When should you use a Compensation Agreement?
Use a Compensation Agreement when bringing on new executives, sales professionals, or specialized consultants in Switzerland. It's particularly important when the payment structure includes complex elements like performance bonuses, equity compensation, or commission schedules. Many Swiss companies implement these agreements during mergers, leadership changes, or when establishing new incentive programs.
These agreements become essential for roles with variable compensation, international assignments, or when Swiss and foreign employment laws intersect. They protect both parties by documenting exact payment terms, performance metrics, and bonus calculations. Having clear compensation terms helps avoid disputes and ensures compliance with Swiss labor regulations, especially regarding mandatory benefits and fair pay requirements.
What are the different types of Compensation Agreement?
- Compensation Confidentiality Agreement: Protects sensitive salary and benefit information, commonly used for executive and management positions
- Restricted Stock Award Agreement: Details employee stock ownership plans with vesting schedules and conditions
- Equity Grant Agreement: Outlines terms for company ownership shares as compensation
- Employee Retention Bonus Agreement: Specifies bonus terms to keep key employees during transitions
- Commission Pay Agreement: Establishes sales commission structures and performance targets
Who should typically use a Compensation Agreement?
- Companies and Employers: Draft and implement Compensation Agreements to formalize payment structures and protect business interests
- HR Directors: Manage agreement creation, ensure compliance with Swiss labor laws, and oversee implementation
- Legal Counsel: Review terms, verify regulatory compliance, and adapt agreements to specific business needs
- Executives and Senior Managers: Often receive customized agreements covering complex compensation packages
- Sales Professionals: Typically bound by agreements detailing commission structures and performance metrics
- External Consultants: Receive specialized agreements outlining project-based compensation and deliverables
How do you write a Compensation Agreement?
- Basic Details: Gather full names, addresses, and roles of all parties involved in the compensation arrangement
- Payment Structure: Document base salary, bonuses, commission rates, and payment schedules aligned with Swiss standards
- Performance Metrics: Define clear, measurable goals and targets that trigger variable compensation
- Benefits Package: List all additional benefits, including mandatory Swiss social security contributions
- Legal Requirements: Review current Swiss employment laws and industry-specific regulations
- Agreement Duration: Specify start dates, review periods, and any renewal terms
- Document Generation: Use our platform to create a legally-sound agreement that includes all required elements
What should be included in a Compensation Agreement?
- Parties and Roles: Full legal names, addresses, and specific positions or relationships
- Compensation Details: Complete breakdown of salary, bonuses, and benefits as per Swiss standards
- Payment Terms: Schedule, method, and currency of payments, including mandatory Swiss deductions
- Performance Criteria: Clear metrics for variable compensation and bonus calculations
- Duration and Review: Contract period, review dates, and modification procedures
- Confidentiality: Terms for handling sensitive compensation information
- Governing Law: Reference to Swiss employment law and cantonal jurisdiction
- Termination Provisions: Conditions and procedures for ending the agreement
What's the difference between a Compensation Agreement and an Advisory Agreement?
A Compensation Agreement differs significantly from an Advisory Agreement in several key aspects, though both are common in Swiss business relationships. While Compensation Agreements focus specifically on payment terms and structures, Advisory Agreements cover a broader scope of professional services and responsibilities.
- Primary Purpose: Compensation Agreements detail payment terms, benefits, and performance metrics, while Advisory Agreements outline consulting duties, deliverables, and strategic guidance
- Scope of Coverage: Compensation Agreements focus exclusively on financial arrangements and rewards, whereas Advisory Agreements include service obligations, confidentiality terms, and intellectual property rights
- Legal Framework: Compensation Agreements align with Swiss employment law and mandatory benefits requirements, while Advisory Agreements typically fall under Swiss contract law for independent contractors
- Duration Structure: Compensation Agreements often run indefinitely with review periods, but Advisory Agreements usually specify fixed terms or project completion dates
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