The Joint Employment Agreement is designed for situations where an employee's services are shared between multiple employers in Switzerland. This arrangement is commonly used in corporate groups, affiliated companies, or collaborative business ventures where specialized skills are required across different entities. The agreement comprehensively addresses the complexities of such arrangements under Swiss law, including detailed provisions for shared employer responsibilities, cost allocation, social security contributions, and workplace coordination. It ensures compliance with the Swiss Code of Obligations and relevant federal employment laws while providing clear guidelines for all parties involved. This document is particularly relevant when organizations need to formalize shared employment arrangements while maintaining legal compliance and protecting all parties' interests.
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1. Parties: Identification of all parties: the employee and all joint employers
2. Background: Context of the joint employment arrangement and reason for the agreement
3. Definitions: Key terms used throughout the agreement, including specific Swiss legal terminology
4. Term and Commencement: Duration of employment and start date
5. Role and Duties: Employee's position, responsibilities, and reporting lines to each employer
6. Place of Work: Primary workplace location(s) and any mobility requirements
7. Working Hours: Standard working hours, allocation between employers, and overtime arrangements
8. Remuneration: Salary, benefits, and how costs are shared between employers
9. Social Security and Insurance: Mandatory Swiss social security contributions and insurance arrangements
10. Holidays and Leave: Holiday entitlement, public holidays, and other leave rights
11. Employers' Obligations: Shared and individual responsibilities of each employer
12. Employee's Obligations: Employee's duties and responsibilities to each employer
13. Confidentiality: Confidentiality obligations regarding each employer's business
14. Data Protection: Handling of personal data in compliance with Swiss data protection law
15. Intellectual Property: Ownership and rights to work created during employment
16. Termination: Termination provisions, notice periods, and effects of partial termination
17. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
18. Entire Agreement: Integration clause and relationship to other agreements
1. Non-Competition: Post-employment restrictions, if applicable under Swiss law
2. Training and Development: Specific provisions for professional development and training responsibilities
3. Performance Management: Process for performance review and management across employers
4. Secondment Provisions: Terms for temporary assignment to different locations or entities
5. Company Car: Vehicle provision and usage terms if applicable
6. International Travel: Terms for international travel and associated responsibilities
7. Language Requirements: Specific language requirements and official communication language
8. Bonus Arrangements: Details of any bonus schemes and how they are allocated between employers
1. Schedule 1 - Job Description: Detailed description of role and responsibilities for each employer
2. Schedule 2 - Remuneration Structure: Detailed breakdown of salary, benefits, and cost sharing between employers
3. Schedule 3 - Workplace Locations: Details of all workplace locations and facilities
4. Schedule 4 - Employer-Specific Policies: Key policies from each employer that apply to the employee
5. Schedule 5 - Time Allocation: Breakdown of working time allocation between employers
6. Appendix A - Social Security Details: Detailed arrangements for social security and insurance contributions
7. Appendix B - Data Protection Protocol: Specific procedures for handling personal data between employers
8. Appendix C - Expense Policies: Combined expense policies and reimbursement procedures
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