New Employee Contract for Switzerland

New Employee Contract Template for Switzerland

A comprehensive employment contract compliant with Swiss law, designed to establish and govern the employment relationship between an employer and employee in Switzerland. This document incorporates all mandatory provisions required under the Swiss Code of Obligations and relevant federal employment laws, including terms relating to compensation, working hours, benefits, and termination conditions. It provides a legally sound framework that protects both employer and employee interests while ensuring compliance with Swiss employment regulations, social security requirements, and workplace standards.

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What is a New Employee Contract?

The New Employee Contract serves as the foundational document for establishing employment relationships in Switzerland, ensuring compliance with Swiss federal and cantonal laws. This contract is essential when hiring new employees, whether for permanent or fixed-term positions, and must be used at the commencement of any new employment relationship. It incorporates mandatory provisions from the Swiss Code of Obligations (OR), Federal Labor Law, and other relevant legislation, covering crucial aspects such as working conditions, compensation, social security, and termination terms. The document is designed to protect both employer and employee interests while maintaining compliance with Swiss employment regulations, including requirements for working hours, vacation entitlements, social insurance contributions, and notice periods.

What sections should be included in a New Employee Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and reference to any prior discussions or agreements

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and primary responsibilities

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

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

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 Leave: Annual leave entitlement, public holidays, and other leave provisions

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

11. Termination: Notice periods and grounds for termination

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

What sections are optional to include in a New Employee Contract?

1. Confidentiality and Data Protection: Detailed confidentiality obligations, used for roles with access to sensitive information

2. Intellectual Property Rights: IP assignment provisions, essential for creative or technical roles

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

4. Mobility Clause: Travel requirements and conditions, included for roles requiring regular travel

5. Performance Bonus: Variable compensation terms, used when offering performance-based incentives

6. Training and Development: Professional development provisions, included for roles with specific training requirements

7. Remote Working: Terms for working from home or other locations, used for flexible working arrangements

8. Language Requirements: Language proficiency requirements and testing, used in multilingual work environments

What schedules should be included in a New Employee Contract?

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

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

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

4. Schedule 4 - Benefits Summary: Detailed description of all benefits, insurance coverage, and pension arrangements

5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

6. Appendix B - IT Usage Policy: Rules and guidelines for use of 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

Retail

Professional Services

Education

Hospitality

Construction

Telecommunications

Pharmaceutical

Insurance

Real Estate

Energy

Transportation

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Production

Quality Assurance

Business Development

Strategy

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Software Engineer

Account Manager

Sales Representative

Administrative Assistant

Project Manager

Research Scientist

Marketing Manager

Operations Director

Customer Service Representative

Business Analyst

Product Manager

Legal Counsel

Financial Analyst

Data Scientist

Technical Support Specialist

Office Manager

Production Supervisor

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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