Bonus Agreement Template for Switzerland

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Key Requirements PROMPT example:

Bonus Agreement

"I need a Bonus Agreement under Swiss law for a senior sales executive, including quarterly performance targets and an annual payment structure, with 70% based on individual sales targets and 30% on company performance, to be effective from January 1, 2025."

Document background
The Bonus Agreement is a critical employment document used in Switzerland to formalize variable compensation arrangements between employers and employees. It is particularly important given Swiss law's specific requirements regarding the classification of bonuses as either true gratification or salary components. This agreement should be used whenever an employer wishes to implement a formal bonus structure, whether for individual employees or as part of a company-wide scheme. The document typically includes detailed provisions on bonus calculation methodologies, performance criteria, payment conditions, and statutory requirements. It must comply with Swiss employment law principles, including relevant Federal Supreme Court decisions regarding bonus entitlements. The agreement is especially crucial for roles where variable compensation forms a significant part of the total remuneration package.
Suggested Sections

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

2. Background: Context of the agreement, employment relationship reference, and any relevant preceding agreements

3. Definitions: Key terms used in the agreement, including 'Bonus', 'Performance Year', 'Target Amount', 'Performance Criteria'

4. Bonus Structure: Detailed explanation of the bonus type (discretionary vs. contractual), target amount, and basic calculation principles

5. Performance Criteria: Specific metrics, KPIs, or goals that will be used to determine the bonus amount

6. Calculation Method: Detailed methodology for calculating the bonus, including any formulas or weightings

7. Payment Terms: Timing of bonus payments, currency, payment method, and any conditions precedent

8. Employment Conditions: Requirements regarding continued employment, impact of notice periods, and good leaver/bad leaver provisions

9. Deductions and Tax: Provisions regarding statutory deductions, social security contributions, and tax withholding

10. Amendments and Termination: Conditions under which the agreement can be modified or terminated

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Clawback Provisions: Optional section for circumstances where bonus payments may need to be returned, typically used for senior executives or regulated functions

2. Non-Competition Impact: Reference to how bonus payments interact with any existing non-compete obligations, relevant if there's a separate non-compete agreement

3. Group Company Provisions: Required if the bonus is linked to group company performance or if employment may transfer within a group

4. Regulatory Compliance: Necessary for regulated industries or if the employee is subject to specific regulatory requirements

5. Bonus Deferral: Details of any deferred portion of the bonus, typically used for senior management or financial institutions

6. Pro-rata Calculations: Detailed provisions for calculating partial year bonuses, relevant for agreements where employment may start/end mid-year

Suggested Schedules

1. Schedule 1 - Performance Metrics: Detailed breakdown of specific performance criteria, targets, and measurement methodologies

2. Schedule 2 - Calculation Examples: Illustrative examples of bonus calculations under different scenarios

3. Schedule 3 - Payment Timeline: Detailed timeline of assessment periods, decision points, and payment dates

4. Appendix A - Bonus Plan Rules: Comprehensive rules governing the bonus scheme, including all technical details

5. Appendix B - Related Policies: Reference to relevant company policies affecting bonus payments (e.g., malus policy, code of conduct)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Financial Services

Banking

Insurance

Professional Services

Technology

Pharmaceuticals

Manufacturing

Retail

Telecommunications

Construction

Real Estate

Healthcare

Consumer Goods

Energy

Consulting

Relevant Teams

Human Resources

Legal

Finance

Sales

Information Technology

Operations

Research & Development

Marketing

Business Development

Product Development

Customer Service

Trading

Investment Banking

Risk Management

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Sales Director

Account Manager

Investment Banker

Software Developer

Project Manager

Business Development Manager

Regional Manager

Department Head

Senior Consultant

Research Scientist

Product Manager

Operations Manager

Trading Professional

Marketing Director

Financial Analyst

Sales Representative

Technical Lead

Senior Engineer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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