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.
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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
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
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
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