Employment Transfer Agreement Template for Switzerland

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Key Requirements PROMPT example:

Employment Transfer Agreement

"I need an Employment Transfer Agreement under Swiss law for transferring 50 software developers from our current Swiss entity to our newly formed subsidiary as part of internal restructuring, with the transfer to be effective from March 1, 2025."

Document background
The Employment Transfer Agreement is a crucial document used in Switzerland when an employee's employment relationship needs to be transferred from one employer to another, typically during corporate restructuring, mergers, acquisitions, or internal reorganizations. This agreement ensures compliance with Swiss employment law, particularly the Swiss Code of Obligations, and addresses the protection of employee rights during the transfer process. It includes detailed provisions about the continuation of employment terms, treatment of benefits, pension arrangements, and other employment-related matters. The document is designed to meet strict Swiss legal requirements regarding employee protection, data privacy, and social security obligations, while providing clarity to all parties involved in the transfer process. It's particularly important in the Swiss context due to the country's specific requirements for employment transfers and employee protection.
Suggested Sections

1. Parties: Identification of the current employer (transferor), new employer (transferee), and employee

2. Background: Context of the transfer, including the business reason and reference to any master agreement

3. Definitions: Key terms used in the agreement, including Transfer Date, Current Employment, New Employment

4. Transfer of Employment: Core provisions regarding the transfer of employment from current to new employer

5. Continuity of Employment: Confirmation of continued service and maintained employment terms

6. Employment Terms: Specification of unchanged and/or modified employment terms post-transfer

7. Employee Benefits: Treatment of benefits, including pension and insurance arrangements

8. Outstanding Payments: Handling of accrued salaries, bonuses, and other payments

9. Data Protection: Provisions for handling employee personal data during and after transfer

10. Confidentiality: Confidentiality obligations regarding the transfer and business information

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

Optional Sections

1. Work Permits and Immigration: Required for international transfers or non-Swiss employees, addressing visa and permit requirements

2. Collective Agreement Provisions: Required when collective bargaining agreements apply to the transfer

3. Pension Fund Arrangements: Detailed section required when pension arrangements are complex or changing

4. Employee Representations: Additional confirmations required for senior employees or specific roles

5. Non-Competition: Required for employees with access to sensitive information or client relationships

6. Intellectual Property: Required for employees involved in creative or technical work

7. International Mobility: Required for transfers involving relocation or international assignments

Suggested Schedules

1. Schedule 1 - Current Employment Terms: Detailed list of current employment terms and conditions

2. Schedule 2 - New Employment Terms: Detailed list of employment terms post-transfer, highlighting any changes

3. Schedule 3 - Employee Benefits Details: Comprehensive overview of benefit arrangements pre and post-transfer

4. Schedule 4 - Outstanding Payments and Accruals: Detailed list of any outstanding payments, vacation days, and other accruals

5. Appendix A - Required Notices and Consents: Copies of any required notices or consent forms under Swiss law

6. Appendix B - Position Description: Detailed description of the employee's role and responsibilities post-transfer

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Manufacturing

Technology

Pharmaceuticals

Insurance

Professional Services

Healthcare

Retail

Telecommunications

Construction

Energy

Transportation and Logistics

Chemical Industry

Consumer Goods

Education

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Risk Management

Industrial Relations

Corporate Secretariat

Employee Relations

Compensation and Benefits

Talent Management

Relevant Roles

Human Resources Director

Legal Counsel

HR Manager

Compliance Officer

Employment Lawyer

HR Business Partner

Talent Acquisition Manager

Benefits Manager

Compensation Manager

Industrial Relations Manager

Corporate Secretary

Risk Manager

Operations Director

Department Head

Line Manager

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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