Work Made For Hire Contract Template for Switzerland

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Key Requirements PROMPT example:

Work Made For Hire Contract

"I need a Work Made For Hire Contract under Swiss law for a senior software developer who will be creating proprietary algorithms for our AI startup, with extra emphasis on IP protection and including provisions for remote work from multiple cantons."

Document background
The Work Made For Hire Contract is essential for Swiss employers engaging individuals in roles involving the creation of intellectual property, creative works, or innovative solutions. This agreement is specifically designed to comply with Swiss employment law while protecting the employer's interests in work product created during employment. It combines standard employment terms required under Swiss law with specific provisions ensuring that all intellectual property created by the employee in the course of their employment is owned by the employer. The document is particularly crucial for technology companies, creative agencies, and professional services firms operating in Switzerland, as it provides clear terms regarding ownership of work product, confidentiality obligations, and data protection requirements. The agreement should be used whenever an employment relationship involves the creation of copyrightable works, inventions, or other intellectual property.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' intention to enter into a work-for-hire relationship

3. Definitions: Key terms used throughout the agreement, including 'Work Product', 'Intellectual Property Rights', and other relevant definitions

4. Scope of Employment: Detailed description of the employee's role, responsibilities, and reporting structure

5. Work Product: Definition and scope of work to be created, developed, or produced by the employee

6. Ownership of Work Product: Clear statement that all work product belongs to the employer, including all intellectual property rights

7. Assignment of Rights: Formal assignment of all intellectual property rights from employee to employer

8. Compensation: Salary, benefits, and any additional compensation structures

9. Working Hours and Location: Specified working hours, workplace location, and any flexible working arrangements

10. Term and Termination: Duration of employment and conditions for termination by either party

11. Confidentiality: Obligations regarding confidential information and trade secrets

12. Non-Competition and Non-Solicitation: Post-employment restrictions in accordance with Swiss law

13. Data Protection: Handling of personal data and compliance with Swiss data protection laws

14. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Inventions: Specific provisions for technological inventions and patent rights, used when the role involves technical innovation

2. Remote Work Provisions: Additional terms for remote working arrangements, when applicable

3. Training and Development: Provisions for professional development and training obligations, when specific qualifications need to be maintained

4. Performance Metrics: Specific performance criteria and evaluation methods, when role requires detailed performance monitoring

5. International Travel: Terms regarding international travel and work assignments, when role involves cross-border activities

6. Equipment and Resources: Provisions regarding company-provided equipment and resources, when significant equipment is provided

7. Bonus Structure: Detailed bonus or commission schemes, when applicable to the role

8. Moral Rights: Specific provisions regarding moral rights waiver or assertion, particularly relevant for creative works

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of the employee's role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Detailed breakdown of salary, benefits, and any variable compensation elements

3. Schedule 3 - Approved Prior Works: List of any pre-existing works or inventions that the employee wishes to exclude from the agreement

4. Schedule 4 - Company Policies: Reference to or inclusion of relevant company policies that form part of the employment relationship

5. Appendix A - Confidential Information: Detailed description of what constitutes confidential information in the context of the employment

6. Appendix B - Technical Requirements: Technical specifications or requirements for work product, if applicable

7. Appendix C - Benefits Package: Detailed description of all employee benefits and insurance coverage

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

Technology

Software Development

Creative Industries

Media and Entertainment

Professional Services

Research and Development

Consulting

Design and Architecture

Advertising and Marketing

Publishing

Engineering

Biotechnology

Financial Services

Education and Training

Relevant Teams

Legal

Human Resources

Research & Development

Creative Services

Software Development

Product Development

Innovation

Design

Engineering

Content Creation

Technical Writing

Artificial Intelligence

User Experience

Digital Marketing

Intellectual Property

Relevant Roles

Software Developer

Graphic Designer

Content Writer

Research Scientist

Product Manager

UX/UI Designer

Creative Director

Technical Writer

Software Engineer

Data Scientist

Multimedia Artist

Industrial Designer

Research Engineer

Copywriter

System Architect

Innovation Manager

Patent Engineer

Digital Artist

Algorithm Developer

Technical Consultant

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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