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Offer Of Employment Contract Template for Switzerland

A Swiss Offer of Employment Contract is a formal legal document that outlines the terms and conditions of employment between an employer and a prospective employee under Swiss law. The document complies with the Swiss Code of Obligations and Federal Labor Law requirements, incorporating mandatory provisions regarding working hours, salary, benefits, leave entitlements, and social security contributions. It serves as both an offer of employment and, upon acceptance, becomes the binding employment contract that governs the employment relationship, providing clear terms while ensuring compliance with Swiss employment regulations and protecting both parties' interests.

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What is a Offer Of Employment Contract?

The Offer of Employment Contract is a crucial document used in Switzerland when formally offering employment to a candidate and establishing the employment relationship. It combines the initial offer with the formal employment contract, streamlining the hiring process while ensuring compliance with Swiss employment law. This document must align with the Swiss Code of Obligations (Articles 319-362), the Federal Labor Law, and other relevant employment regulations. The contract typically follows successful negotiations and is sent to the candidate before they commence employment, containing all essential terms including position, compensation, benefits, working hours, and other conditions of employment. As an Offer of Employment Contract, it requires acceptance by the prospective employee to become binding and serves as the primary reference document for the employment relationship throughout its duration.

What sections should be included in a Offer Of Employment Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and reference to any prior discussions or agreements

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, reporting lines, and primary responsibilities

5. Commencement and Duration: Start date, probationary period, and whether the contract is fixed-term or indefinite

6. Place of Work: Primary workplace location and any flexibility arrangements

7. Working Hours: Standard working hours, rest periods, and overtime arrangements as per Swiss labor law

8. Salary and Benefits: Base salary, payment schedule, mandatory deductions, and basic benefits package

9. Vacation and Leave: Annual leave entitlement, public holidays, and other leave provisions

10. Social Security and Insurance: Mandatory insurance coverage and social security contributions

11. Confidentiality: Protection of company confidential information and trade secrets

12. Data Protection: Handling of employee personal data in compliance with Swiss data protection laws

13. Termination: Notice periods, grounds for termination, and procedural requirements

14. Governing Law: Confirmation of Swiss law application and jurisdiction

15. Signatures: Execution blocks for both parties

What sections are optional to include in a Offer Of Employment Contract?

1. Non-Competition: Post-employment restrictions on working for competitors, used for senior positions or roles with access to sensitive information

2. Intellectual Property: IP rights assignment and protection, relevant for creative or technical roles

3. Mobile Work/Home Office: Terms for remote working arrangements, if applicable

4. Company Car: Terms of company vehicle usage if provided

5. Commission Structure: Details of sales commissions or performance-based compensation, for sales roles

6. Training Obligations: Professional development requirements and training cost reimbursement terms

7. Language Requirements: Required language proficiency and any language training provisions

8. International Travel: Terms for business travel and international assignments

9. Stock Options/Equity: Terms of any share participation or option schemes

What schedules should be included in a Offer Of Employment Contract?

1. Schedule 1 - Detailed Job Description: Comprehensive list of duties, responsibilities, and performance expectations

2. Schedule 2 - Benefits Summary: Detailed overview of all benefits, insurance coverage, and perks

3. Schedule 3 - Bonus Scheme: Details of any performance-based bonus calculations and conditions

4. Schedule 4 - Company Policies: Reference to or summary of key company policies applicable to the employment

5. Schedule 5 - Expense Policy: Guidelines for business expense claims and reimbursement procedures

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT Usage Policy: Rules and guidelines for use of company IT systems and equipment

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Cost

Free to use

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