Restaurant Employment Contract Template for Switzerland

This employment contract template is specifically designed for restaurant establishments operating in Switzerland, complying with Swiss federal and cantonal employment laws, including the Swiss Code of Obligations and Federal Labor Law. The document establishes the terms and conditions of employment within the restaurant industry, covering essential aspects such as working hours, compensation, benefits, and specific requirements related to food service operations. It incorporates provisions for shift work, health and safety compliance, and industry-specific regulations while ensuring alignment with Swiss labor standards and collective agreements applicable to the hospitality sector.

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What is a Restaurant Employment Contract?

The Restaurant Employment Contract serves as a comprehensive legal framework for establishing employment relationships within Swiss restaurant establishments. This document is essential when hiring any restaurant staff member, from service personnel to kitchen staff, and ensures compliance with Swiss employment legislation, including the Swiss Code of Obligations (OR) and the Federal Labor Law (ArG). It is specifically tailored to address unique aspects of restaurant operations, such as shift work, service charges, and food safety requirements, while incorporating mandatory Swiss employment provisions regarding working hours, leave entitlements, and social security benefits. The contract is particularly relevant for restaurants, cafes, and other food service establishments operating in Switzerland, providing necessary protections for both employer and employee while maintaining industry-specific flexibility.

What sections should be included in a Restaurant Employment Contract?

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

2. Background: Brief context of the employment relationship and the restaurant's business

3. Definitions: Key terms used throughout the contract including job titles, workplace terminology, and relevant legal terms

4. Position and Duties: Detailed description of the employee's role, responsibilities, and reporting structure

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

6. Probationary Period: Length of probationary period and conditions as per Swiss law

7. Working Hours and Shifts: Regular working hours, shift patterns, break periods, and overtime arrangements

8. Compensation: Base salary, payment schedule, and method of payment

9. Benefits and Insurance: Mandatory social security contributions, accident insurance, and other benefits

10. Holidays and Leave: Annual leave entitlement, public holidays, sick leave, and other types of leave

11. Health and Safety: Compliance with health and safety regulations, including food safety requirements

12. Confidentiality: Protection of business secrets and confidential information

13. Termination: Notice periods and grounds for termination as per Swiss law

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

What sections are optional to include in a Restaurant Employment Contract?

1. Service Charge Distribution: Include when the restaurant has a tip-sharing system or service charge policy

2. Uniform Requirements: Include when specific dress code or uniform is required

3. Non-Competition: Include for senior staff or chefs to protect business interests

4. Training Requirements: Include when specific training or certifications are required

5. Language Requirements: Include when specific language skills are required for the position

6. Remote Work Provisions: Include for administrative staff who may work remotely

7. Vehicle Use: Include for delivery staff or positions requiring vehicle operation

8. Performance Bonuses: Include when performance-based compensation is offered

What schedules should be included in a Restaurant Employment Contract?

1. Schedule A - Job Description: Detailed breakdown of duties, responsibilities, and performance expectations

2. Schedule B - Compensation Details: Breakdown of salary components, bonuses, and other financial benefits

3. Schedule C - Work Schedule: Detailed shift patterns and working hours template

4. Schedule D - Employee Handbook Reference: Key policies and procedures from the employee handbook

5. Schedule E - Health and Safety Protocols: Specific safety and hygiene procedures for the role

6. Appendix 1 - Required Certifications: List of mandatory certifications or training requirements

7. Appendix 2 - Uniform Guidelines: Detailed uniform requirements and maintenance instructions

8. Appendix 3 - Code of Conduct: Specific behavioral expectations and professional standards

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use

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