Intercompany Assignment Agreement Template for Switzerland

The Intercompany Assignment Agreement is essential for organizations operating in or with Switzerland that need to temporarily transfer employees between related entities. This document is particularly crucial given Switzerland's strict employment laws, social security requirements, and data protection regulations. It's commonly used when companies need to share expertise, fulfill project requirements, or develop talent across their corporate group. The agreement must carefully balance maintaining the employee's primary employment relationship while establishing clear operational reporting lines and responsibilities with the host entity. Key considerations include compliance with Swiss labor law, social security regulations, tax implications, and mandatory insurance requirements. The document typically includes detailed provisions for compensation, benefits, working conditions, and assignment-specific arrangements, while ensuring alignment with both Swiss regulatory requirements and internal corporate policies.

1. Parties: Identification of the Home Company, Host Company, and the Employee

2. Background: Context of the assignment, relationship between the companies, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including Assignment Period, Home Country, Host Country, etc.

4. Assignment Terms: Duration, location, position, and role during the assignment

5. Employment Status: Continuation of primary employment with Home Company and relationship with Host Company

6. Duties and Responsibilities: Employee's obligations to both companies during the assignment

7. Compensation and Benefits: Salary, allowances, benefits, and which entity is responsible for each component

8. Working Hours and Leave: Working time, holidays, and vacation entitlements under Swiss law

9. Social Security and Insurance: Coverage and contributions for social security, pension, and insurance

10. Tax Obligations: Tax responsibilities and arrangements between parties

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

12. Confidentiality: Protection of confidential information of both companies

13. Intellectual Property: Ownership and rights to work product during the assignment

14. Termination: Conditions and process for ending the assignment

15. Governing Law and Jurisdiction: Application of Swiss law and jurisdiction

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