Individual Employment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Individual Employment Agreement

"I need a Swiss Individual Employment Agreement for a senior software developer position, including strong IP protection clauses and non-compete provisions, with employment starting March 1, 2025."

Document background
The Individual Employment Agreement is a fundamental document required for establishing formal employment relationships in Switzerland. It serves as the primary contract between employers and employees, incorporating mandatory provisions required by Swiss law, particularly the Swiss Code of Obligations and Federal Labor Law. This agreement should be used when hiring any employee in Switzerland, whether for permanent or fixed-term positions, and must be provided to the employee before or at the commencement of employment. The document includes essential terms such as role description, compensation, working hours, and notice periods, while ensuring compliance with Swiss social security requirements and employee protections. It's particularly important as Switzerland has specific requirements regarding employment terms, social insurance contributions, and worker protections that must be reflected in the agreement.
Suggested Sections

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

2. Background: Brief context of the employment relationship and agreement purpose

3. Definitions: Key terms used throughout the agreement

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

5. Commencement and Duration: Start date and term of employment (indefinite or fixed-term)

6. Probationary Period: Length of probationary period and applicable terms

7. Work Location: Primary workplace location and any mobility requirements

8. Working Hours: Standard working hours, breaks, and overtime provisions

9. Salary and Benefits: Base salary, payment schedule, and mandatory benefits

10. Vacation and Holidays: Annual leave entitlement and public holiday provisions

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

12. Illness and Accident: Sick leave entitlements and accident coverage provisions

13. Confidentiality: Protection of company confidential information

14. Data Protection: Handling of employee personal data and privacy rights

15. Termination: Notice periods and termination provisions

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

17. Entire Agreement: Integration clause and relationship to other agreements

18. Execution: Signature blocks and date of agreement

Optional Sections

1. Bonus and Commission: Include when the role includes variable compensation elements

2. Stock Options/Equity: Include for positions offering company equity participation

3. Non-Competition: Include for senior positions or roles with access to sensitive information

4. Intellectual Property: Include for technical or creative roles involving IP creation

5. Remote Work: Include if the role allows for regular work from home

6. Language Requirements: Include if specific language skills are essential for the role

7. Training and Development: Include if specific training obligations or development programs apply

8. Company Car/Mobile Phone: Include if providing company equipment or vehicles

9. Relocation: Include if providing relocation assistance

10. Secondary Employment: Include if restrictions on other employment are needed

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of role responsibilities and requirements

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Key company policies incorporated by reference

4. Schedule 4 - Bonus Plan: Details of any applicable bonus or commission schemes

5. Schedule 5 - Equipment List: List of company equipment provided to employee

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

7. Appendix B - IT Policy: IT usage and security policies

8. Appendix C - Expense Policy: Business expense reimbursement guidelines

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
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Hospitality

Construction

Transportation

Media and Entertainment

Telecommunications

Energy

Real Estate

Non-Profit

Pharmaceutical

Insurance

Consumer Goods

Agriculture

Research and Development

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Development

Business Development

Strategy

Compliance

Engineering

Quality Assurance

Supply Chain

Public Relations

Project Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Engineer

Financial Analyst

Sales Representative

Marketing Manager

Human Resources Manager

Administrative Assistant

Research Scientist

Product Manager

Operations Manager

Customer Service Representative

Technical Specialist

Business Analyst

Legal Counsel

Account Manager

Industries
Swiss Code of Obligations (CO) - Articles 319-362: Main source of employment law in Switzerland, covering essential aspects of the employment relationship including contract formation, duties of employer and employee, salary, working time, termination provisions
Federal Labor Law (ArG): Regulates working conditions, including working hours, rest periods, health and safety requirements, and special protections for young workers and pregnant women
Federal Act on Gender Equality (GEA): Ensures equality between men and women in the workplace, prohibits discrimination in employment, and provides protection against sexual harassment
Federal Act on Data Protection (FADP): Governs the handling of employee personal data and privacy rights in the employment context
Federal Act on Old Age and Survivors' Insurance (AHVG): Mandatory social security provisions that must be reflected in employment relationships regarding contributions and benefits
Federal Act on Occupational Benefit Plans concerning Old-Age, Survivors and Invalidity (BVG): Regulates occupational pension schemes and mandatory employer contributions
Federal Act on Accident Insurance (UVG): Mandates compulsory accident insurance coverage for employees and related obligations
Federal Act on Employment Services and the Hiring of Services (AVG): Relevant for temporary employment and recruitment services
Federal Act on Foreign Nationals and Integration (FNIA): Contains provisions relevant for employing foreign workers and work permit requirements
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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