The Dual Employment Contract is designed for situations where an employee provides services to two related entities within Switzerland or with cross-border elements. This arrangement is particularly common in corporate groups, shared service centers, or specialized professional services where employee expertise benefits multiple entities. The document ensures compliance with Swiss employment law while clearly defining the relationship between the employee and both employing entities, including specific provisions for working time allocation, compensation structure, benefits, and statutory obligations. It addresses key aspects such as social security contributions, insurance coverage, vacation entitlements, and termination provisions, all within the framework of Swiss law and regulations. The contract is structured to protect the interests of all parties while maintaining clarity about responsibilities and obligations in the dual employment relationship.
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1. Parties: Identification of the employee and both employing entities
2. Background: Context of the dual employment arrangement and relationship between the employing entities
3. Definitions: Key terms used throughout the agreement, including specific terminology related to dual employment
4. Scope of Employment: Description of roles and responsibilities with each employer, including allocation of time between entities
5. Term and Commencement: Start date and duration of the employment relationship with both entities
6. Working Hours and Place of Work: Detailed breakdown of working hours between both entities and work locations
7. Remuneration and Benefits: Compensation structure, including salary split between entities, bonuses, and benefits
8. Social Security and Insurance: Allocation of social security contributions and insurance coverage between employers
9. Vacation and Leave Entitlements: Holiday allowance, sick leave, and other leave entitlements across both employments
10. Confidentiality and Data Protection: Obligations regarding confidential information of both employers and data protection requirements
11. Intellectual Property Rights: Ownership and assignment of IP created during either employment
12. Non-Competition and Loyalty: Employee's obligations regarding competing activities and loyalty to both employers
13. Termination: Conditions and procedures for terminating the employment relationship with either or both entities
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. International Travel: Include when role requires regular travel between different countries
2. Stock Options/Equity Participation: Include when employee is offered shares or options in either entity
3. Training and Development: Include when specific training obligations or development programs are provided
4. Performance Management: Include when specific performance metrics and review processes need to be defined
5. Secondment Provisions: Include when employee may be temporarily assigned to other group entities
6. Cross-Border Considerations: Include when one entity is outside Switzerland or work involves cross-border elements
7. Expense Allocation: Include when complex expense sharing arrangements exist between entities
8. Change of Control: Include when employment terms may be affected by ownership changes in either entity
1. Schedule 1 - Job Descriptions: Detailed description of roles and responsibilities for each employing entity
2. Schedule 2 - Compensation Structure: Detailed breakdown of salary, benefits, and their allocation between entities
3. Schedule 3 - Working Time Allocation: Specific schedule of working hours and time split between entities
4. Schedule 4 - Benefit Plans: Details of insurance, pension, and other benefit plans from each entity
5. Schedule 5 - Company Policies: Relevant policies from both employing entities
6. Appendix A - Confidentiality Agreement: Detailed confidentiality obligations for both employments
7. Appendix B - IP Assignment: Detailed provisions for intellectual property assignment to respective entities
8. Appendix C - Code of Conduct: Combined code of conduct requirements from both entities
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