Employee Guarantor Form Template for Switzerland

A legally binding document governed by Swiss law that establishes a guarantee arrangement where a guarantor (either the employee themselves or a third party) provides a formal commitment to secure certain obligations of an employee towards their employer. The document must comply with Swiss Code of Obligations Articles 492-512, including specific formal requirements such as public authentication for guarantees exceeding CHF 2,000. It details the scope of guaranteed obligations, maximum liability amount, duration, enforcement conditions, and the respective rights and obligations of all parties involved.

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What is a Employee Guarantor Form?

The Employee Guarantor Form is a crucial document in Swiss employment relationships where additional security is required for employee obligations. Commonly used in positions involving financial responsibility, handling of valuable assets, or access to sensitive resources, this document provides employers with security while ensuring compliance with Swiss legal requirements. The form must meet strict formal requirements under Swiss law, including public authentication for guarantees exceeding CHF 2,000. The document specifies the maximum amount of liability, duration, and enforcement conditions, protecting both the employer's interests and the guarantor's rights. It's particularly relevant in sectors where employees handle significant financial transactions or valuable company assets.

What sections should be included in a Employee Guarantor Form?

1. Parties: Identification of the Guarantor (employee or third party), the Beneficiary (employer), and the Principal Debtor (if different from the employee)

2. Background: Context of the guarantee, including the employment relationship and the underlying obligations being guaranteed

3. Definitions: Key terms used in the document, including 'Guaranteed Obligations', 'Guarantee Period', and other relevant definitions

4. Guarantee: The core guarantee provision, including the specific maximum amount of the guarantee as required by Swiss law

5. Scope of Guarantee: Detailed description of what obligations are covered by the guarantee

6. Duration: Term of the guarantee and any conditions for its termination

7. Guarantor's Obligations: Specific duties and responsibilities of the guarantor

8. Enforcement: Conditions and process for enforcing the guarantee

9. Notices: Requirements for formal communications between parties

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

What sections are optional to include in a Employee Guarantor Form?

1. Multiple Guarantors: Additional provisions required when there is more than one guarantor, including joint and several liability

2. Security: Provisions regarding any additional security provided to support the guarantee

3. Independent Guarantee: Specific provisions if the guarantee is to be structured as an independent guarantee rather than a simple suretyship

4. Limitation of Liability: Specific caps or limitations on the guarantor's liability beyond the maximum amount

5. Replacement of Guarantor: Procedures for replacing the guarantor in specific circumstances

6. Foreign Currency Provisions: Required when the guaranteed obligations are in a currency other than Swiss Francs

What schedules should be included in a Employee Guarantor Form?

1. Schedule 1 - Guaranteed Obligations: Detailed list or description of the specific obligations being guaranteed

2. Schedule 2 - Form of Demand: Template for making a formal demand under the guarantee

3. Schedule 3 - Guarantor's Confirmations: Specific acknowledgments and confirmations required from the guarantor

4. Appendix A - Related Employment Agreement: Copy or relevant excerpts of the employment agreement giving rise to the guaranteed obligations

5. Appendix B - Asset Declaration: If required, declaration of the guarantor's assets and financial capacity

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Employment Form

Cost

Free to use

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