Assignment Of Employment Agreement Template for Switzerland

An Assignment Of Employment Agreement is essential when you need to transfer an employee's contract from one employer to another in Switzerland. This legal document ensures compliance with Swiss employment law while protecting the rights and interests of all parties involved in the employment transfer.

When do you need this document?

You require an Assignment Of Employment Agreement during corporate restructuring when your business is merging with or being acquired by another company. This document is also necessary when transferring employees between subsidiaries within the same corporate group or when selling a business division that includes existing staff members. Additionally, you need this agreement when outsourcing business functions that involve transferring employees to the service provider, or during internal reorganizations where employees move between different legal entities within your organization.

Key legal considerations

The agreement must clearly identify all parties including the current employer (assignor), new employer (assignee), and the employee. You need to specify which rights and obligations transfer to the new employer, including salary, benefits, vacation entitlements, and pension contributions. The document should address the treatment of accrued benefits and ensure continuity of employment terms under the new employer. Data protection provisions are crucial, as employee personal information must be transferred in compliance with the Federal Act on Data Protection. You should also include provisions for handling employment records, maintaining confidentiality agreements, and addressing any existing disciplinary matters or performance issues.

Legal requirements in Switzerland

Under Swiss law, particularly the Swiss Code of Obligations (Articles 319-362), employment contracts can be transferred with proper legal documentation. Article 333 specifically addresses the transfer of employment relationships during business transfers. You must ensure the employee consents to the assignment, either explicitly or through their continued employment after proper notice. The Federal Act on Employment in Trade and Industry requires maintaining working conditions, health protection, and safety standards during and after the transfer. If the assignment occurs as part of a merger or business transfer covered by the Merger Act, additional notification and consultation requirements may apply. The agreement must specify the effective date of transfer and ensure all statutory obligations, including social security contributions and tax responsibilities, are properly allocated between the assignor and assignee. Trade union consultation may be required if collective bargaining agreements are in place.