Managerial Agreement Template for Switzerland

The Managerial Agreement serves as a crucial legal document for establishing and regulating the employment relationship between a company and its management-level employees in Switzerland. This document is essential when appointing senior executives, directors, or key management personnel, ensuring compliance with Swiss employment law while addressing the specific needs of management positions. The agreement includes detailed provisions on executive compensation, strategic responsibilities, reporting structures, and corporate governance obligations. It is particularly important for establishing clear parameters around decision-making authority, confidentiality obligations, and post-employment restrictions, all within the framework of Swiss legal requirements. The document should be tailored to reflect the specific management level, industry context, and organizational structure while maintaining compliance with mandatory Swiss employment law provisions.

1. Parties: Identification of the employer company and the manager, including full legal names and addresses

2. Background: Context of the appointment and brief description of the company's business

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Position title, appointment effective date, and term (if fixed)

5. Duties and Responsibilities: Detailed description of managerial role, reporting lines, and scope of authority

6. Work Location and Hours: Primary workplace and working time arrangements, considering management exemptions under Swiss law

7. Remuneration: Base salary, bonus structure, and review mechanisms

8. Benefits and Insurance: Social security, pension contributions, health insurance, and other benefits

9. Expenses: Policy on business expenses and reimbursement procedures

10. Vacation and Leave: Annual leave entitlement and other leave rights

11. Confidentiality: Protection of company confidential information and trade secrets

12. Intellectual Property: Ownership and rights to work-related inventions and creations

13. Data Protection: Handling of personal data in compliance with Swiss data protection laws

14. Termination: Notice periods, grounds for termination, and consequences

15. Post-Termination Obligations: Return of company property and ongoing confidentiality obligations

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