Salesperson Contract Template for Switzerland

This Salesperson Contract template is designed for use in Switzerland when engaging sales professionals in various industries. It complies with Swiss federal employment law, particularly the Swiss Code of Obligations (OR) Articles 347-347a governing commercial travelers, and includes mandatory provisions for employment protection. The contract is essential for establishing clear terms regarding commission structures, sales territories, performance expectations, and employment conditions. It should be used when hiring new sales staff or updating existing sales employment agreements to ensure compliance with current Swiss regulations. The document includes comprehensive provisions for modern sales roles, including remote work considerations, digital tools usage, and data protection requirements in line with Swiss federal and cantonal requirements.

1. Parties: Identification of the employer and the 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 commission-related terminology

4. Position and Duties: Detailed description of the role, responsibilities, and reporting structure

5. Territory and Customer Base: Definition of geographical area and/or customer segments assigned to the salesperson

6. Term and Notice Period: Duration of employment (if fixed-term) or notice periods for termination

7. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location

8. Compensation Structure: Base salary, commission rates, and calculation methods

9. Commission Terms: Detailed provisions on commission eligibility, calculation, and payment timing

10. Expenses and Benefits: Policy on reimbursement of expenses and employee benefits

11. Targets and Performance Metrics: Sales targets, KPIs, and performance evaluation criteria

12. Confidentiality: Protection of company and customer confidential information

13. Non-Competition and Non-Solicitation: Post-employment restrictions on competing activities

14. Data Protection: Handling of personal and customer data in compliance with Swiss law

15. Company Property: Rules regarding use and return of company equipment and materials

16. Termination: Grounds for termination and procedures

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