Salesperson Employment Contract Template for Switzerland

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Key Requirements PROMPT example:

Salesperson Employment Contract

"I need a Salesperson Employment Contract under Swiss law for a pharmaceutical sales representative who will cover the German-speaking cantons, starting March 1, 2025, with a base salary plus tiered commission structure and provisions for a company car."

Document background
The Salesperson Employment Contract is essential for companies operating in Switzerland who wish to hire sales professionals under clear, legally compliant terms. This document is designed to meet the requirements of Swiss employment law while addressing the specific needs of sales-based roles, including commission structures, territory assignments, and performance expectations. It should be used when engaging any sales professional in Switzerland, whether for inside sales, field sales, or specialized industry sales positions. The contract incorporates mandatory provisions from the Swiss Code of Obligations and Labor Law, particularly Articles 347-347d which specifically address traveling salespeople. It covers crucial elements such as base compensation, commission calculations, expense policies, territory rights, customer relationship management, and performance metrics, while ensuring compliance with Swiss social security and insurance requirements.
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 purpose of the agreement

3. Definitions: Key terms used throughout the contract, including specific sales-related terminology

4. Position and Duties: Description of the role, responsibilities, and sales territory

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

6. Probationary Period: Length and terms of the probationary period as per Swiss law

7. Remuneration: Base salary, commission structure, and payment terms

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

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

10. Expenses: Policy on business expense reimbursement and vehicle allowance if applicable

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

12. Confidentiality: Protection of company and customer information

13. Data Protection: Handling of personal and customer data in compliance with FADP

14. Non-Competition: Post-employment competition restrictions as permitted by Swiss law

15. Termination: Notice periods and termination procedures

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

Optional Sections

1. Company Car: Terms for provision and use of a company vehicle, if offered

2. International Travel: Include if the role requires cross-border sales activities

3. Training and Development: Include if specific sales training or certification requirements exist

4. Team Leadership: Include if the salesperson will have management responsibilities

5. Stock Options/Equity: Include if the company offers equity-based compensation

6. Remote Work: Include if allowing work from home or flexible location arrangements

7. Performance Targets: Include if specific sales targets are part of the employment conditions

8. Customer Relationship Management: Include if specific CRM systems or processes must be followed

9. Intellectual Property: Include if the role involves product development or innovation

10. Language Requirements: Include if specific language skills are required for the position

Suggested Schedules

1. Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Sales Territory: Map or description of assigned sales territory and any exclusivity provisions

3. Expense Policy: Detailed guidelines on allowable expenses and reimbursement procedures

4. Target Setting Methodology: Framework for setting and adjusting sales targets

5. Bonus Scheme: Details of any additional performance-based incentives

6. Company Car Policy: Detailed rules and conditions for company vehicle usage

7. Employee Handbook Reference: Key policies and procedures from the company handbook

8. Data Protection Guidelines: Specific procedures for handling customer and company data

9. Benefits Summary: Overview of all additional benefits and insurance coverage

10. Required Reporting Templates: Standard forms for sales reporting and expense claims

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

Clauses
Relevant Industries

Retail

Technology

Pharmaceuticals

Financial Services

Manufacturing

Consumer Goods

Industrial Equipment

Telecommunications

Real Estate

Professional Services

Automotive

Medical Devices

Software

Construction Materials

Energy

Relevant Teams

Sales

Business Development

Account Management

Commercial

Revenue

Customer Success

Field Operations

Channel Sales

Direct Sales

Regional Sales

Relevant Roles

Sales Representative

Account Executive

Business Development Manager

Sales Manager

Territory Sales Manager

Key Account Manager

Inside Sales Representative

Field Sales Representative

Regional Sales Director

Sales Consultant

Technical Sales Specialist

Senior Sales Executive

Solutions Sales Executive

Export Sales Manager

Direct Sales Representative

Industries
Swiss Code of Obligations (CO) - Articles 319-362: Core employment contract law provisions defining the basic rights and obligations of employers and employees, including contract formation, termination, and general working conditions
Swiss Code of Obligations - Articles 347-347d: Specific provisions for traveling salespeople, including rules on territory allocation, commission calculation, and special protective measures
Federal Act on Employment in Trade and Industry (Labor Law): Regulates working hours, rest periods, health and safety requirements, and other protective measures for employees
Federal Act on Old Age and Survivors' Insurance (AHVG): Mandatory social security provisions that must be considered for salary deductions and employer contributions
Federal Act on Accident Insurance (UVG): Mandatory accident insurance requirements and coverage for employees
Federal Act on Data Protection (FADP): Regulations regarding the handling of employee personal data and customer information that salespeople may access
Ordinance 1 to the Labor Law (ArGV 1): Detailed regulations on working hours, overtime, and record-keeping requirements specific to different categories of employees
Equal Treatment Act: Provisions ensuring non-discrimination in employment relationships, including equal pay and treatment
Federal Act on Vocational and Professional Education and Training: Relevant for defining training requirements and professional development opportunities for sales personnel
Collective Employment Agreements (if applicable to the sector): Industry-specific agreements that might contain additional provisions for sales personnel in particular sectors
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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