The Expat Employment Contract is essential for companies hiring foreign nationals for work assignments in Switzerland. This document serves as the primary agreement governing the employment relationship between a Swiss employer and an expatriate employee, ensuring compliance with Swiss labor law, immigration regulations, and social security requirements. It is typically used when companies are bringing in specialized talent from abroad, requiring comprehensive terms that address both standard employment conditions and expatriate-specific needs such as relocation support, housing allowances, tax equalization, and international benefits. The contract must align with the Swiss Code of Obligations and various federal acts governing foreign workers while providing clear terms for the international assignment.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship, including the nature of the expatriate assignment
3. Definitions: Key terms used throughout the agreement, including specific expatriate-related terminology
4. Position and Duties: Job title, role description, reporting lines, and key responsibilities
5. Term and Location: Duration of the assignment, place of work, and any mobility requirements
6. Working Hours and Leave: Standard working hours, overtime policy, vacation entitlement, and public holidays
7. Compensation: Base salary, currency, payment method, and review process
8. Expatriate Benefits: Housing allowance, cost of living adjustments, education support, and other expatriate-specific benefits
9. Social Security and Insurance: Mandatory Swiss social security contributions, pension arrangements, and insurance coverage
10. Tax Obligations: Tax equalization or protection policies, responsibility for tax payments
11. Work Permits and Visas: Company's and employee's obligations regarding necessary permits and documentation
12. Relocation Support: Moving assistance, cultural training, and other relocation-related support
13. Termination: Notice periods, grounds for termination, and repatriation terms
14. Governing Law: Confirmation of Swiss law application and jurisdiction
15. Data Protection: Handling of personal data under Swiss and international regulations
1. Spouse/Partner Support: Support for partner/spouse employment or integration, used when the employee relocates with family
2. International Mobility: Terms for potential transfers to other locations, included for roles with possible multi-country assignments
3. Emergency Evacuation: Procedures and support for emergency situations, relevant for certain geographical locations
4. Post-Assignment Provisions: Terms regarding return to home country or continued employment, used for fixed-term assignments
5. Intellectual Property: IP rights and obligations, included for technical or creative roles
6. Non-Competition: Post-employment restrictions, included based on seniority and role sensitivity
7. Language Requirements: Language proficiency expectations and support, included when language skills are crucial
8. Remote Work Provisions: Terms for any allowed work from other locations, included when hybrid or flexible arrangements are permitted
1. Schedule 1 - Compensation Details: Detailed breakdown of salary components, allowances, and benefits
2. Schedule 2 - Job Description: Detailed description of roles, responsibilities, and performance expectations
3. Schedule 3 - Relocation Package: Itemized list of relocation benefits and support provided
4. Schedule 4 - Insurance Coverage: Details of all insurance policies and coverage levels
5. Schedule 5 - Tax Equalization Policy: Detailed explanation of tax equalization or protection methodology
6. Schedule 6 - Code of Conduct: Company policies and expected standards of behavior
7. Appendix A - Required Documentation: Checklist of necessary permits, registrations, and documentation
8. Appendix B - Emergency Contacts: List of relevant contact information for various situations
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