Startup Employment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Startup Employment Agreement

"I need a Swiss Startup Employment Agreement for a senior software engineer position, including provisions for equity compensation (5% stock options) and remote work flexibility, with employment starting March 1, 2025."

Document background
The Startup Employment Agreement is designed for Swiss startup companies hiring employees at various stages of company growth. This agreement template is specifically crafted to comply with Swiss employment law requirements while addressing the unique needs of startup organizations, including provisions for equity compensation, intellectual property protection, and flexible working arrangements. It incorporates mandatory elements from the Swiss Code of Obligations, federal labor laws, and data protection regulations, while maintaining the flexibility needed in a startup environment. The document is particularly useful for companies in innovation-driven sectors and should be customized based on the specific role, canton of operation, and stage of the startup's development. This agreement differs from standard employment contracts by including startup-specific elements such as equity participation, extensive IP protection, and scaling considerations.
Suggested Sections

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

2. Background: Brief context about the startup company and the purpose of the employment relationship

3. Definitions: Key terms used throughout the agreement, including company-specific and startup-related terminology

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

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

6. Place of Work: Primary workplace location and any flexibility arrangements

7. Working Hours: Standard working hours, overtime provisions, and time recording requirements

8. Compensation: Base salary, payment frequency, and deductions for social security contributions

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

10. Insurance and Benefits: Mandatory insurance coverage and additional benefits

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

12. Intellectual Property Rights: Assignment of IP rights created during employment

13. Non-Competition and Non-Solicitation: Post-employment restrictions within Swiss law limitations

14. Data Protection: Employee data handling and privacy provisions

15. Termination: Notice periods, grounds for termination, and procedural requirements

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

17. Entire Agreement: Integration clause and amendment procedures

Optional Sections

1. Equity Compensation: Details of any share options, phantom equity, or other equity-based compensation - include if the startup offers equity incentives

2. Variable Compensation: Structure of bonus schemes or commission plans - include if performance-based pay is offered

3. International Travel: Terms for international business travel and related expenses - include if role requires travel

4. Remote Work Provisions: Detailed terms for remote working arrangements - include if remote work is permitted

5. Training and Development: Professional development provisions and associated commitments - include if specific training programs are offered

6. Language Requirements: Language proficiency requirements and testing - include if specific language skills are essential

7. Side Activities: Terms regarding permitted external professional activities - include if relevant to startup context

8. Company Policies Integration: Reference to specific startup policies and procedures - include if company has established policies

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of the role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Breakdown of all compensation elements including any equity components

3. Schedule 3 - Benefit Package: Detailed description of all benefits and insurance coverage

4. Schedule 4 - Share Option Plan Rules: If applicable, detailed terms of the employee share option plan

5. Schedule 5 - Confidential Information: Specific details of what constitutes confidential information

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

7. Appendix B - IT Policy: IT usage policies and security requirements

8. Appendix C - Expense Policy: Guidelines for business expense claims and reimbursement procedures

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Fintech

Biotech

Medtech

Clean Technology

Software Development

E-commerce

Digital Health

Artificial Intelligence

Blockchain

Internet of Things

Robotics

Consumer Applications

Enterprise Software

Deep Tech

Relevant Teams

Engineering

Product

Design

Data Science

Sales

Marketing

Operations

Research & Development

Customer Success

Human Resources

Finance

Legal

Business Development

Innovation

DevOps

Relevant Roles

CEO

CTO

CFO

Software Engineer

Product Manager

UX Designer

Data Scientist

Business Development Manager

Marketing Manager

Operations Manager

Research Scientist

Full Stack Developer

Sales Executive

Customer Success Manager

Growth Hacker

Technical Lead

Product Owner

DevOps Engineer

Head of People

Innovation Manager

Industries
Swiss Code of Obligations (CO), Articles 319-362: Primary legislation governing employment contracts in Switzerland, covering basic contractual requirements, rights and obligations of both parties, termination provisions, and general employment terms
Federal Act on Work in Industry, Trade and Commerce (Labor Law): Regulates working hours, rest periods, health and safety requirements, and special protections for young workers and pregnant women
Federal Act on Data Protection (FADP): Governs the handling of employee personal data and privacy requirements in the employment relationship
Federal Act on Old Age and Survivors' Insurance (AHVG): Mandates social security contributions and insurance requirements for both employer and employee
Federal Act on Occupational Old Age, Survivors' and Invalidity Pension Provision (BVG): Regulates occupational pension schemes and related employer obligations
Federal Act on Accident Insurance (UVG): Covers mandatory accident insurance requirements and related employer obligations
Federal Act on Patents for Inventions: Particularly relevant for startups - governs invention rights and employee innovations during employment
Federal Act on Copyright and Related Rights: Relevant for intellectual property created during employment, especially in technology startups
Swiss Criminal Code, Article 162: Deals with the violation of manufacturing or trade secrets, relevant for confidentiality provisions
Federal Act on Gender Equality: Ensures equal treatment of employees regardless of gender, including equal pay provisions
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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