Term Contract Employment for Switzerland

Term Contract Employment Template for Switzerland

A Swiss Term Contract Employment Agreement is a fixed-duration employment contract governed by Swiss law, particularly the Swiss Code of Obligations (OR) and Swiss Labor Law (ArG). This document establishes a defined-period employment relationship between an employer and employee, specifying all essential terms including position, duration, compensation, benefits, and working conditions. It incorporates mandatory Swiss legal requirements regarding working hours, social security, insurance, and employee protections, while also addressing specific terms of the fixed-term engagement. The agreement ensures compliance with Swiss employment regulations while providing clarity on the temporary nature of the employment relationship.

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What is a Term Contract Employment?

The Term Contract Employment Agreement is specifically designed for use in Switzerland when establishing employment relationships for a fixed duration. This type of contract is commonly used for project-based work, seasonal employment, temporary replacements, or specific time-limited assignments. The document must comply with Swiss employment law, particularly the Swiss Code of Obligations (OR) Articles 319-362, which govern employment relationships. It includes mandatory provisions regarding working conditions, social security, insurance, and employee protections, while clearly defining the fixed term nature of the employment. This agreement is distinct from indefinite-term contracts and requires careful attention to Swiss regulations regarding consecutive fixed-term contracts to avoid being deemed permanent employment.

What sections should be included in a Term Contract Employment?

1. Parties: Identification of 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

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

5. Commencement and Duration: Start date and duration of the fixed-term contract

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

7. Work Location: Primary workplace and any flexibility arrangements

8. Working Hours: Standard working hours, breaks, and overtime arrangements

9. Salary and Benefits: Base salary, payment schedule, and mandatory benefits

10. Vacation and Public Holidays: Annual leave entitlement and public holiday provisions

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

12. Illness and Accident: Salary continuation during illness/accident and related procedures

13. Confidentiality: Protection of company confidential information

14. Data Protection: Handling of employee personal data and privacy rights

15. Termination: Conditions for contract termination, notice periods, and procedures

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

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

1. Intellectual Property Rights: For roles involving creation of IP or technical innovations

2. Non-Competition: For senior roles or positions with access to sensitive information

3. Commission Structure: For sales roles or positions with variable compensation

4. Home Office Arrangements: For positions allowing regular work from home

5. Company Car: For positions including a company vehicle

6. Training and Development: For positions with specific training requirements or commitments

7. International Travel: For roles requiring regular international travel

8. Language Requirements: For positions requiring specific language skills

9. Stock Options/Equity: For positions including participation in equity programs

10. Bonus Scheme: For positions with performance-based bonuses

What schedules should be included in a Term Contract Employment?

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

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

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

4. Schedule 4 - Expense Policy: Rules and procedures for business expense reimbursement

5. Schedule 5 - IT Usage Policy: Guidelines for use of company IT systems and equipment

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

7. Appendix B - Benefits Summary: Detailed overview of all employee benefits

8. Appendix C - Training Requirements: Mandatory training and development requirements

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

Education

Retail

Professional Services

Construction

Hospitality

Telecommunications

Pharmaceutical

Transportation

Energy

Media and Entertainment

Non-Profit

Agriculture

Real Estate

Insurance

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Production

Customer Service

Administration

Project Management Office

Quality Assurance

Supply Chain

Business Development

Relevant Roles

Project Manager

Software Developer

Research Scientist

Financial Analyst

Marketing Specialist

Sales Representative

Operations Manager

HR Coordinator

Technical Consultant

Administrative Assistant

Product Manager

Data Analyst

Construction Supervisor

Healthcare Professional

Academic Researcher

Seasonal Worker

Interim Executive

Event Coordinator

Graduate Trainee

Production Supervisor

Industries
Swiss Code of Obligations (OR) Art. 319-362: Primary legislation governing employment contracts, including mandatory provisions on contract formation, duties of employer and employee, salary, working time, holidays, and termination provisions
Swiss Labor Law (ArG): Regulates working hours, rest periods, health and safety requirements, and special protection for young workers, pregnant women, and nursing mothers
Federal Act on Gender Equality (GlG): Ensures equality between men and women in the workplace, including provisions on non-discrimination and equal pay
Federal Act on Data Protection (DSG): Governs the handling of employee personal data and privacy rights in the employment relationship
Federal Act on Old Age and Survivors' Insurance (AHVG): Mandatory social security provisions that must be referenced in employment contracts regarding deductions and contributions
Federal Act on Occupational Old Age, Survivors' and Invalidity Pension Provision (BVG): Regulates occupational pension schemes and mandatory pension insurance requirements
Federal Act on Accident Insurance (UVG): Covers mandatory accident insurance provisions that must be addressed in employment relationships
Ordinance 1 to the Employment Act (ArGV 1): Detailed regulations on working hours, breaks, and overtime provisions that must be reflected in employment contracts
Federal Act on Foreign Nationals and Integration (AIG): Relevant for contracts with foreign employees, covering work permit requirements and related obligations
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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