The Chief Executive Officer Employment Agreement is a crucial document used when appointing a CEO in Switzerland, whether for a new appointment or renewal of terms. It must comply with Swiss employment law, particularly the Swiss Code of Obligations and corporate governance requirements. The agreement comprehensively covers executive compensation, benefits, responsibilities, and protection of company interests through confidentiality and non-compete provisions. For listed companies, it must also align with the Ordinance against Excessive Compensation (Veg眉V) and relevant financial market regulations. The document serves as the primary reference point for the employment relationship between the company and its highest-ranking executive officer, ensuring clear terms and protecting both parties' interests while maintaining compliance with Swiss legal requirements.
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1. Parties: Identification of the employer company and the executive
2. Background: Context of the appointment and any relevant corporate approvals
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position, appointment date, and duration of employment
5. Duties and Responsibilities: Scope of CEO role, reporting relationships, and key responsibilities
6. Time Commitment: Working hours expectations and exclusivity requirements
7. Place of Work: Primary work location and travel requirements
8. Remuneration: Base salary, review mechanisms, and payment terms
9. Variable Compensation: Bonus schemes, performance criteria, and payment conditions
10. Equity Participation: Share options, restricted shares, or other equity-based compensation
11. Benefits and Expenses: Insurance, pension, car allowance, and expense reimbursement
12. Vacation and Holidays: Annual leave entitlement and public holidays
13. Illness and Accident: Sick leave, salary continuation, and insurance coverage
14. Confidentiality: Protection of company confidential information
15. Intellectual Property: Ownership and assignment of IP created during employment
16. Non-Competition and Non-Solicitation: Post-employment restrictions and their scope
17. Termination: Notice periods, grounds for termination, and consequences
18. Return of Company Property: Obligations upon termination
19. Data Protection: Handling of personal data and privacy compliance
20. Governing Law and Jurisdiction: Swiss law application and dispute resolution
1. Corporate Governance: For listed companies, additional governance requirements and compliance with Veg眉V
2. External Appointments: Terms for accepting board positions or other external roles
3. Relocation Assistance: If CEO is relocating from another country/location
4. Garden Leave: Provisions for placing CEO on garden leave during notice period
5. Change of Control: Special provisions in case of company sale or merger
6. Insurance Coverage: D&O insurance and other specific coverage requirements
7. Representation Authority: Specific signing authority and power of attorney provisions
8. Compliance with Industry Regulations: For regulated industries like banking or healthcare
9. International Travel: For roles requiring significant international presence
10. Language: When agreement needs to be bilingual or specify governing language
1. Schedule 1 - Position Description: Detailed outline of CEO duties and responsibilities
2. Schedule 2 - Compensation Structure: Detailed breakdown of all compensation elements
3. Schedule 3 - Bonus Scheme: Details of variable compensation calculations and targets
4. Schedule 4 - Benefits Package: Comprehensive list of benefits and allowances
5. Schedule 5 - Share Option Plan: Terms of equity participation program
6. Schedule 6 - Company Policies: Key policies applicable to the CEO position
7. Schedule 7 - Restricted Territory: Geographic scope of non-compete restrictions
8. Appendix A - Board Resolution: Copy of board approval for CEO appointment
9. Appendix B - Power of Attorney: Formal delegation of authority document
10. Appendix C - Data Privacy Notice: Detailed information about personal data processing
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