This New Employment Contract template is designed for use when establishing new employment relationships in Switzerland. It serves as a foundational document that sets out the terms and conditions of employment in accordance with Swiss law, particularly the Swiss Code of Obligations (OR) and Swiss Labor Law (ArG). The contract template is structured to include all mandatory elements required by Swiss legislation while providing flexibility to accommodate various industry-specific requirements and employee levels. It includes provisions for salary, benefits, working hours, leave entitlements, and termination terms, ensuring both employer and employee rights are properly protected. This document should be used at the commencement of any new employment relationship in Switzerland, whether for permanent or fixed-term positions, and can be customized based on the specific role, seniority level, and industry requirements.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the contract
4. Position and Duties: Job title, role description, and primary responsibilities
5. Commencement and Duration: Start date and type of contract (indefinite or fixed-term)
6. Probationary Period: Length of probationary period and conditions
7. Working Hours: Regular working hours, overtime provisions, and rest periods
8. Place of Work: Primary workplace location and any flexibility arrangements
9. Remuneration: Base salary, payment schedule, and any guaranteed bonuses
10. Holidays and Leave: Annual leave entitlement, public holidays, and other leave rights
11. Social Security and Insurance: Mandatory insurance and social security provisions
12. Confidentiality: Protection of company confidential information
13. Data Protection: Handling of employee personal data and privacy rights
14. Notice Period: Notice requirements for termination by either party
15. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Variable Compensation: Details of bonus schemes, commission structures, or other variable pay elements
2. Non-Competition: Post-employment restrictions on working for competitors (only valid if justified by access to customer data or manufacturing/business secrets)
3. Intellectual Property: Assignment of IP rights for employees in creative or technical roles
4. Company Car: Terms of company car provision and usage
5. Home Office: Provisions for remote working arrangements
6. Training and Development: Commitments regarding professional development and training
7. International Travel: Terms for business travel and international assignments
8. Sign-on Bonus: One-time payments and any associated conditions
9. Garden Leave: Provisions for placing employee on paid leave during notice period
1. Job Description: Detailed outline of role responsibilities and requirements
2. Compensation Structure: Detailed breakdown of salary components and benefits
3. Company Policies: Reference to key company policies that form part of employment terms
4. Bonus Plan Rules: Detailed rules and calculations for variable compensation
5. Employee Handbook Reference: Reference to and incorporation of relevant employee handbook sections
6. Code of Conduct: Company's code of conduct and ethical guidelines
7. IT and Communications Policy: Rules regarding use of company IT systems and communication tools
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