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Tripartite Agreement Employment
"I need a Tripartite Agreement Employment for a senior software developer who will be working jointly for our Swiss parent company and our German subsidiary starting March 1, 2025, with specific provisions for intellectual property rights and cross-border work arrangements."
1. Parties: Identification and details of all three parties to the agreement
2. Background: Context of the tripartite arrangement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Term and Commencement: Duration of the agreement and start date of employment
5. Role and Duties: Employee's position, responsibilities, and reporting lines to respective parties
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Working Hours: Standard working hours, overtime arrangements, and rest periods as per Swiss law
8. Remuneration: Salary, payment structure, and which party is responsible for payment
9. Benefits and Insurance: Mandatory Swiss social security contributions, insurance coverage, and allocation of responsibilities
10. Holidays and Leave: Annual leave entitlement, public holidays, and other types of leave
11. Expenses: Business expenses policy and reimbursement procedure
12. Confidentiality: Obligations regarding confidential information of all parties
13. Intellectual Property: Ownership and protection of IP created during employment
14. Data Protection: Handling of personal data between three parties in compliance with FADP
15. Non-Competition: Post-employment restrictions in accordance with Swiss law
16. Termination: Termination provisions, notice periods, and effects on all parties
17. Governing Law: Confirmation of Swiss law governance and jurisdiction
18. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Secondment Provisions: Used when the employee is seconded between parties or locations
2. International Travel: Include when role requires regular international travel
3. Commission Structure: Required for sales roles or performance-based compensation
4. Training Obligations: Include when specific training requirements exist between parties
5. Customer Interaction: Necessary when employee represents multiple parties to customers
6. Bonus Arrangements: Include for roles with bonus or variable compensation
7. Stock Options: Required when employee is offered equity participation
8. Inter-company Transfers: Include when movement between parties is anticipated
9. Health and Safety: Detailed section needed for high-risk work environments
10. Language Requirements: Include when specific language skills are essential
1. Schedule 1 - Job Description: Detailed description of role and responsibilities to each party
2. Schedule 2 - Compensation Details: Detailed breakdown of salary, benefits, and party responsibilities
3. Schedule 3 - Company Policies: Applicable policies from each party
4. Schedule 4 - Benefit Plans: Details of insurance and benefit schemes
5. Schedule 5 - Performance Metrics: KPIs and performance measurement criteria
6. Appendix A - Data Processing Agreement: Detailed provisions for handling personal data between parties
7. Appendix B - Confidentiality Agreement: Detailed confidentiality obligations and procedures
8. Appendix C - Equipment Schedule: List of provided equipment and responsible party
9. Appendix D - Territory Map: If role involves geographic territories or locations
10. Appendix E - Service Level Agreement: Performance standards between parties if applicable
Authors
Financial Services
Professional Services
Information Technology
Manufacturing
Pharmaceuticals
Construction
Healthcare
Consulting
Telecommunications
Education
Staffing and Recruitment
Research and Development
Shared Services
Hospitality
Retail
Human Resources
Legal
Finance
Operations
Information Technology
Research & Development
Sales
Business Development
Compliance
Risk Management
Administrative Services
Project Management Office
Corporate Services
Strategy
Shared Services
Project Manager
Consultant
Software Developer
Research Scientist
Sales Director
Account Manager
Financial Controller
HR Business Partner
Operations Manager
Legal Counsel
Business Analyst
Technical Specialist
Department Head
Regional Manager
Executive Assistant
Chief Technology Officer
Group Financial Officer
Shared Services Manager
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