Dual Employment Contract Template for Switzerland

A dual employment contract is a specialized legal document that allows you to work for two separate but related entities simultaneously while maintaining compliance with Swiss employment law. This arrangement requires careful structuring to meet the requirements of the Swiss Code of Obligations and ensure proper allocation of responsibilities, compensation, and statutory benefits between both employers.

When do you need this document?

You need a dual employment contract when your role spans multiple entities within a corporate group, such as working part-time for both a parent company and its subsidiary. This arrangement is common in shared service centers where employees provide specialized expertise to multiple group companies, or when professionals split their time between different divisions of the same organization. The contract is essential when you're employed by a Swiss entity while also providing services to its international affiliate, ensuring proper documentation of cross-border work arrangements. You'll also require this agreement if you're transitioning between roles within a corporate restructuring while maintaining employment with both entities during the transition period.

Key legal considerations

The contract must clearly define the allocation of working time between both employers to ensure compliance with Swiss Federal Labor Law's maximum working hour requirements. Social security contributions and accident insurance under the Federal Act on Accident Insurance must be properly coordinated between the employers to avoid gaps or double coverage. Confidentiality and non-compete clauses require special attention since you'll have access to information from both entities, potentially creating conflicts of interest. The agreement must specify which employer is responsible for various statutory obligations, including vacation pay, sick leave, and termination procedures. Data protection compliance under the Swiss Federal Data Protection Act is crucial when personal information is shared between the employing entities. Intellectual property rights and work product ownership must be clearly allocated based on which entity benefits from specific work performed.

Legal requirements in Switzerland

Swiss law under the Code of Obligations requires that employment contracts clearly specify the essential terms including duties, compensation, and working conditions for both employment relationships. The Federal Act on Old Age and Survivors' Insurance mandates proper allocation of social security contributions, which must be calculated based on the actual income received from each employer. Working time regulations under the Swiss Federal Labor Law must be carefully managed to ensure total hours across both positions don't exceed legal limits, including mandatory rest periods and maximum weekly hours. Both employers must comply with accident insurance requirements, typically with the primary employer maintaining coverage while the secondary employer contributes proportionally. The contract must establish clear procedures for handling employment disputes and specify which Swiss canton's courts have jurisdiction. Termination provisions must comply with Swiss notice periods and severance requirements, clearly stating how these obligations are shared between the employers when the dual employment relationship ends.