Sales Employment Contract for Switzerland

Sales Employment Contract Template for Switzerland

A comprehensive employment agreement governed by Swiss law, specifically designed for sales professionals. This contract establishes the terms and conditions of employment in accordance with the Swiss Code of Obligations and Swiss Labor Law, including detailed provisions for base salary, commission structures, sales territories, and performance expectations. The document addresses specific requirements for sales roles while ensuring compliance with Swiss employment regulations regarding working hours, leave entitlements, expense reimbursement, and termination provisions. It includes necessary protections for both employer and employee, particularly in areas of client relationships, confidentiality, and data protection.

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What is a Sales Employment Contract?

The Sales Employment Contract is a specialized employment agreement designed for use in Switzerland when hiring sales professionals across various industries. This document is essential when establishing a formal employment relationship with sales staff, whether for field sales, inside sales, or sales management positions. The contract complies with Swiss employment law requirements while addressing sales-specific elements such as commission structures, territory assignments, and performance targets. It incorporates mandatory provisions from the Swiss Code of Obligations and Swiss Labor Law, along with industry-standard practices for sales roles. The document is particularly important for protecting both employer and employee interests in areas such as client relationships, commission calculations, and sales territory rights, while ensuring alignment with Swiss legal requirements regarding working conditions, social security, and employment protection.

What sections should be included in a Sales Employment 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, including sales-specific terminology

4. Position and Duties: Description of the sales role, responsibilities, and reporting structure

5. Duration and Start Date: Terms regarding employment duration (fixed-term or indefinite) and start date

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

7. Compensation Structure: Base salary, commission framework, and other financial benefits

8. Working Hours and Location: Standard working hours, flexibility provisions, and primary work location

9. Vacation and Leave: Annual leave entitlement, public holidays, and other leave provisions

10. Expenses and Equipment: Policy on business expense reimbursement and provision of work equipment

11. Confidentiality: Obligations regarding company and customer information confidentiality

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

13. Termination: Notice periods and conditions for contract termination

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

15. Signatures: Execution section for both parties

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

1. Non-Compete Clause: Restrictions on post-employment competition, used for senior sales roles or when handling sensitive client relationships

2. Territory Assignment: Specific geographical or client territory assignments, used when sales regions are strictly defined

3. Performance Targets: Specific sales targets and consequences, used when targets are fundamental to the role

4. Company Car Provision: Terms for company vehicle use, included when a car is provided

5. International Travel: Provisions for international business travel, included for roles requiring cross-border activities

6. Training Requirements: Mandatory training programs and certifications, included when specific qualifications are required

7. Team Management: Leadership responsibilities, included for sales team leader positions

8. Intellectual Property: IP rights provisions, included when employee may develop sales methods or materials

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

What schedules should be included in a Sales Employment Contract?

1. Schedule 1: Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

2. Schedule 2: Sales Targets: Specific sales targets and measurement criteria

3. Schedule 3: Expense Policy: Detailed policies regarding allowable expenses and reimbursement procedures

4. Schedule 4: Territory Map: Geographical territory or client list assignments

5. Schedule 5: Benefits Package: Detailed description of additional benefits and insurance coverage

6. Appendix A: Code of Conduct: Company's sales ethics and conduct guidelines

7. Appendix B: Reporting Templates: Standard forms for sales reporting and expense claims

8. Appendix C: Company Policies: Relevant company policies affecting sales employees

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
Relevant legal definitions
Clauses
Relevant Industries

Retail

Technology

Manufacturing

Pharmaceuticals

Financial Services

Telecommunications

Consumer Goods

Industrial Equipment

Software and IT

Professional Services

Automotive

Real Estate

Healthcare

Media and Advertising

Relevant Teams

Sales

Business Development

Account Management

Commercial Operations

Revenue Operations

Customer Success

Business Operations

Channel Management

Sales Operations

Sales Engineering

Commercial Development

Relevant Roles

Sales Representative

Account Executive

Business Development Manager

Sales Manager

Territory Sales Manager

Key Account Manager

Inside Sales Representative

Regional Sales Director

Sales Consultant

Technical Sales Specialist

Commercial Director

Sales Engineer

Export Sales Manager

Direct Sales Representative

Channel Sales 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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