Driver Employment Contract for Switzerland

Driver Employment Contract Template for Switzerland

A comprehensive employment agreement governed by Swiss law, specifically designed for professional drivers in accordance with the Swiss Code of Obligations (OR/CO) and the Ordinance on Working Hours and Rest Periods of Professional Motor Vehicle Drivers (ARV/OTR). This contract establishes the terms and conditions of employment between a transport company and a professional driver, including specific provisions for working hours, rest periods, vehicle responsibilities, safety requirements, and compliance with Swiss transportation regulations. The document ensures compliance with both general Swiss employment law and specific regulations applicable to professional drivers in Switzerland.

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What is a Driver Employment Contract?

The Driver Employment Contract is a specialized employment agreement designed for use in Switzerland when hiring professional drivers across various transportation sectors. This contract type is essential for establishing clear terms of employment while ensuring compliance with Swiss employment law, particularly the Swiss Code of Obligations (OR/CO) and the specific regulations for professional drivers (ARV/OTR). The document addresses crucial aspects such as working hours, rest periods, vehicle responsibilities, safety protocols, and mandatory qualifications. It's specifically structured to meet the requirements of Swiss transportation and labor regulations while protecting both employer and employee interests in the professional driving sector. The contract is adaptable for various driving roles, from freight transport to passenger services, and includes provisions for both domestic and international operations where applicable.

What sections should be included in a Driver Employment Contract?

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

4. Position and Duties: Description of the driver's role, responsibilities, and reporting structure

5. Term of Employment: Start date and whether the contract is fixed-term or permanent

6. Working Hours and Rest Periods: Regular working hours, shift patterns, and rest periods in accordance with ARV/OTR regulations

7. Compensation: Base salary, payment schedule, and method of payment

8. Overtime and Additional Payments: Terms for overtime work, night work, and Sunday work compensation

9. Vehicle and Equipment: Provisions regarding company vehicle usage, maintenance responsibilities, and equipment handling

10. Licenses and Qualifications: Requirements for maintaining necessary driving licenses and professional qualifications

11. Health and Safety: Safety obligations, accident reporting procedures, and health requirements

12. Insurance and Social Security: Mandatory insurance coverage and social security contributions

13. Holidays and Leave: Annual leave entitlement, public holidays, and other types of leave

14. Illness and Accident: Procedures for reporting illness/accidents and related pay provisions

15. Termination: Notice periods and grounds for termination

16. Confidentiality: Obligations regarding company and client information confidentiality

17. Data Protection: Handling of personal data and vehicle monitoring systems

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

What sections are optional to include in a Driver Employment Contract?

1. International Routes: Additional terms for drivers operating on international routes, including cross-border requirements

2. Dangerous Goods Transport: Special provisions for drivers transporting dangerous goods, including additional qualifications and responsibilities

3. Performance Bonuses: Structure of any performance-related bonus schemes

4. Company Mobile Device: Terms of use for company-provided mobile phones or tablets

5. Collective Agreement Compliance: Specific references to applicable collective agreements in the transport sector

6. Non-Competition: Post-employment restrictions, if applicable and legally enforceable

7. Training and Development: Provisions for ongoing professional development and training requirements

8. Accommodation: Terms regarding accommodation during long-distance trips

What schedules should be included in a Driver Employment Contract?

1. Schedule 1 - Route Details: Regular routes or operating area specifications

2. Schedule 2 - Vehicle Specifications: Details of assigned vehicle(s) and technical specifications

3. Schedule 3 - Expense Policy: Guidelines for claiming travel and other work-related expenses

4. Schedule 4 - Company Policies: Reference to relevant company policies including safety procedures and conduct guidelines

5. Schedule 5 - Uniform Requirements: Details of required uniform and dress code

6. Appendix A - Checklist for Vehicle Inspection: Standard checklist for daily vehicle inspections

7. Appendix B - Accident Report Form: Standard form for reporting accidents or incidents

8. Appendix C - Time Recording Guidelines: Instructions for maintaining driving time and rest period records

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Clauses
Relevant Industries

Transportation and Logistics

Passenger Transport

Freight Transport

Courier Services

Moving and Relocation Services

Waste Management

Construction Materials Transport

Food and Beverage Distribution

Retail Distribution

Hazardous Materials Transport

Relevant Teams

Human Resources

Operations

Fleet Management

Logistics

Safety and Compliance

Training and Development

Risk Management

Transport Operations

Driver Support

Vehicle Maintenance

Relevant Roles

Professional Driver

Truck Driver

Delivery Driver

Bus Driver

Shuttle Driver

Heavy Vehicle Operator

Transport Driver

Fleet Driver

Logistics Driver

Courier Driver

Distribution Driver

International Route Driver

Dangerous Goods Driver

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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