Hiring Contract for Switzerland

Hiring Contract Template for Switzerland

A comprehensive employment agreement governed by Swiss law, designed to establish and regulate the employment relationship between an employer and employee. This contract incorporates mandatory provisions required under the Swiss Code of Obligations and relevant federal employment laws, including terms relating to working conditions, compensation, benefits, and termination rights. The document ensures compliance with Swiss employment regulations while protecting both parties' interests and clearly defining their rights and obligations within the employment relationship.

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What is a Hiring Contract?

The Hiring Contract serves as the foundational document for establishing employment relationships under Swiss law. It is essential for any employer hiring employees in Switzerland, whether for permanent or fixed-term positions. The contract must comply with the Swiss Code of Obligations (particularly Articles 319-362), federal employment laws, and applicable cantonal regulations. This document outlines crucial employment terms including position details, compensation, working hours, benefits, and termination provisions, while incorporating mandatory Swiss legal requirements such as social security obligations and accident insurance coverage. It's designed to protect both employer and employee interests while ensuring legal compliance in the Swiss jurisdiction.

What sections should be included in a Hiring 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: Job title, role description, and main responsibilities

5. Commencement and Duration: Start date and type of contract (indefinite or fixed-term)

6. Probationary Period: Length and terms of the probationary period

7. Working Hours and Place of Work: Regular working hours, location, and flexibility arrangements

8. Salary and Benefits: Base salary, payment schedule, and mandatory benefits

9. Vacation and Holidays: Annual leave entitlement and public holiday provisions

10. Social Security and Insurance: Mandatory insurance and social security arrangements

11. Illness and Accident: Sick leave policies and salary continuation

12. Confidentiality: Protection of company information and trade secrets

13. Data Protection: Handling of employee personal data

14. Termination: Notice periods and termination procedures

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

What sections are optional to include in a Hiring Contract?

1. Bonus and Commission: Details of variable compensation, used when the role includes performance-based pay

2. Non-Competition: Post-employment restrictions, used for senior positions or roles with access to sensitive information

3. Intellectual Property: IP rights assignment, used for creative or technical positions

4. Home Office Arrangements: Remote work provisions, used when allowing work from home

5. Company Car: Vehicle provision terms, used when a company car is provided

6. Training and Development: Professional development commitments, used when specific training is required

7. Stock Options/Equity: Share-based compensation terms, used for senior positions or startups

8. International Assignment: Special provisions for international workers, used for expatriate employees

9. Language Requirements: Language proficiency requirements, used in multilingual work environments

What schedules should be included in a Hiring Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Reference to or summary of key company policies

4. Schedule 4 - Expense Policy: Rules and procedures for business expense reimbursement

5. Schedule 5 - Code of Conduct: Expected behavioral standards and company values

6. Appendix A - Benefits Summary: Detailed overview of all employee benefits

7. Appendix B - IT Usage Policy: Rules for using company IT systems and equipment

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

Financial Services

Manufacturing

Technology

Healthcare

Pharmaceutical

Professional Services

Retail

Education

Hospitality

Construction

Insurance

Telecommunications

Life Sciences

Consumer Goods

Energy

Transportation

Real Estate

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Information Technology

Operations

Marketing

Sales

Research and Development

Customer Service

Administration

Product Development

Business Development

Compliance

Strategy

Engineering

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Managing Director

Senior Manager

Project Manager

Software Engineer

Financial Analyst

HR Manager

Marketing Manager

Sales Representative

Administrative Assistant

Research Scientist

Product Manager

Operations Manager

Legal Counsel

Account Manager

Customer Service Representative

Data Analyst

Business Development 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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