The Amendment To Employment Contract is a crucial document used when modifying existing employment relationships under Swiss law. It becomes necessary when there are material changes to employment terms such as role modifications, salary adjustments, working hours changes, or other significant alterations to the original employment agreement. The document must comply with the Swiss Code of Obligations (OR) and relevant cantonal laws, ensuring all modifications are properly documented while maintaining legal certainty. This amendment type is particularly important in Switzerland's dynamic business environment, where employment relationships often evolve over time and require formal documentation of changes while preserving the underlying employment relationship.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Reference to the original employment contract, its date, and the reason for this amendment
3. Definitions: Key terms used in the amendment, including reference to defined terms in the original contract
4. Amendments: Clear statement of the specific terms being modified, showing both original and new versions
5. Effective Date: Specification of when the amendments take effect
6. Continuing Validity: Confirmation that all other terms of the original contract remain unchanged and in full force
7. Governing Law: Confirmation of Swiss law as governing law
8. Signatures: Execution block for both parties with date and place of signing
1. Consideration: Required only if the amendment involves changes to compensation or benefits
2. Collective Agreement Compliance: Include if the employee is covered by a collective bargaining agreement
3. Trial Period: Include if the amendment affects or introduces a trial period
4. Notice Period: Include if the amendment modifies the notice period for termination
5. Confidentiality: Include if the amendment affects confidentiality obligations
6. Non-Competition: Include if the amendment introduces or modifies non-compete provisions
7. Data Protection: Include if the amendment affects the processing of employee personal data
1. Schedule 1 - Revised Position Description: Detailed description of modified role or responsibilities, if applicable
2. Schedule 2 - Updated Compensation Details: Detailed breakdown of modified salary, benefits, or bonus structure
3. Schedule 3 - Revised Working Hours: Details of modified working hours or patterns, if applicable
4. Appendix A - Required Regulatory Disclosures: Any mandatory disclosures required under Swiss employment law
5. Appendix B - Collective Agreement References: Relevant sections of applicable collective agreements affected by the amendment
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