The Guaranteed Employment Contract is typically utilized in Switzerland when an employer wishes to provide enhanced job security to key employees or when recruiting high-level talent. This contract type, while following standard Swiss employment law requirements, offers additional protection by guaranteeing employment for a fixed period, subject to specific conditions. It is particularly relevant for executive positions, specialized technical roles, or situations where long-term commitment is crucial for both parties. The document incorporates all mandatory elements required under Swiss law, including those specified in the Swiss Code of Obligations and federal labor laws, while adding specific provisions related to the guaranteed employment period, compensation structures, and conditions under which the guarantee remains valid.
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1. Parties: Identification and details of the employer and employee
2. Background: Context of the employment relationship and purpose of the guaranteed employment contract
3. Definitions: Key terms used throughout the contract
4. Position and Duties: Job title, role description, responsibilities, and reporting structure
5. Duration and Nature of Employment: Terms of the guaranteed employment period and any conditions attached
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Working Hours: Standard working hours, break periods, and overtime arrangements as per Swiss Labor Law
8. Remuneration: Base salary, payment schedule, and method of payment
9. Benefits and Insurance: Mandatory Swiss social security contributions, pension arrangements, and insurance coverage
10. Holidays and Leave: Annual leave entitlement, public holidays, and other types of leave
11. Illness and Accident: Sick pay arrangements and accident insurance coverage as per Swiss law
12. Confidentiality: Obligations regarding company information and trade secrets
13. Data Protection: Handling of personal data in accordance with Swiss data protection law
14. Termination: Notice periods and termination procedures
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Probationary Period: Terms of probation if applicable (not always needed in guaranteed employment contracts)
2. Bonus and Variable Compensation: Details of any performance-based compensation schemes
3. Company Car: Terms of company vehicle provision and usage
4. Home Office Arrangements: Specific provisions for remote working arrangements
5. Post-Employment Restrictions: Non-compete and non-solicitation clauses if required
6. Intellectual Property Rights: IP assignments and related provisions if relevant to the role
7. Training and Development: Provisions for professional development and training requirements
8. Language Requirements: Language proficiency requirements and testing if relevant
9. Relocation Provisions: Terms related to relocation assistance if applicable
10. Additional Employment: Provisions regarding secondary employment or board positions
1. Schedule 1 - Job Description: Detailed description of the role, responsibilities, and requirements
2. Schedule 2 - Compensation Details: Detailed breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Reference to applicable company policies and procedures
4. Schedule 4 - Benefits Summary: Detailed description of all benefits and insurance coverage
5. Schedule 5 - Workplace Rules: Specific workplace regulations and procedures
6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
7. Appendix B - IT Policy: Information technology usage policies and procedures
8. Appendix C - Expense Policy: Guidelines for business expense claims and reimbursement
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