The Salesperson Employment Contract is essential for companies operating in Switzerland who wish to hire sales professionals under clear, legally compliant terms. This document is designed to meet the requirements of Swiss employment law while addressing the specific needs of sales-based roles, including commission structures, territory assignments, and performance expectations. It should be used when engaging any sales professional in Switzerland, whether for inside sales, field sales, or specialized industry sales positions. The contract incorporates mandatory provisions from the Swiss Code of Obligations and Labor Law, particularly Articles 347-347d which specifically address traveling salespeople. It covers crucial elements such as base compensation, commission calculations, expense policies, territory rights, customer relationship management, and performance metrics, while ensuring compliance with Swiss social security and insurance 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, including specific sales-related terminology
4. Position and Duties: Description of the role, responsibilities, and sales territory
5. Commencement and Duration: Start date and type of contract (fixed-term or indefinite)
6. Probationary Period: Length and terms of the probationary period as per Swiss law
7. Remuneration: Base salary, commission structure, and payment terms
8. Working Hours: Standard working hours, flexibility provisions, and overtime arrangements
9. Vacation and Holidays: Annual leave entitlement and public holiday provisions
10. Expenses: Policy on business expense reimbursement and vehicle allowance if applicable
11. Social Security and Insurance: Mandatory insurance and social security contributions
12. Confidentiality: Protection of company and customer information
13. Data Protection: Handling of personal and customer data in compliance with FADP
14. Non-Competition: Post-employment competition restrictions as permitted by Swiss law
15. Termination: Notice periods and termination procedures
16. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Company Car: Terms for provision and use of a company vehicle, if offered
2. International Travel: Include if the role requires cross-border sales activities
3. Training and Development: Include if specific sales training or certification requirements exist
4. Team Leadership: Include if the salesperson will have management responsibilities
5. Stock Options/Equity: Include if the company offers equity-based compensation
6. Remote Work: Include if allowing work from home or flexible location arrangements
7. Performance Targets: Include if specific sales targets are part of the employment conditions
8. Customer Relationship Management: Include if specific CRM systems or processes must be followed
9. Intellectual Property: Include if the role involves product development or innovation
10. Language Requirements: Include if specific language skills are required for the position
1. Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Sales Territory: Map or description of assigned sales territory and any exclusivity provisions
3. Expense Policy: Detailed guidelines on allowable expenses and reimbursement procedures
4. Target Setting Methodology: Framework for setting and adjusting sales targets
5. Bonus Scheme: Details of any additional performance-based incentives
6. Company Car Policy: Detailed rules and conditions for company vehicle usage
7. Employee Handbook Reference: Key policies and procedures from the company handbook
8. Data Protection Guidelines: Specific procedures for handling customer and company data
9. Benefits Summary: Overview of all additional benefits and insurance coverage
10. Required Reporting Templates: Standard forms for sales reporting and expense claims
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