The Tripartite Agreement Employment is designed for situations where an employment relationship involves three distinct parties under Swiss law. This arrangement is commonly used in group company structures, joint employment scenarios, or when employees are shared between entities. The document establishes clear lines of responsibility for employer obligations under Swiss law, including social security contributions, insurance requirements, and workplace regulations. It specifically addresses how employment duties, reporting lines, and obligations are allocated among the parties while ensuring compliance with the Swiss Code of Obligations and relevant employment legislation. This agreement is particularly valuable for international companies operating in Switzerland, shared service arrangements, or specialized employment structures where traditional bilateral employment agreements would not sufficiently address the complexity of the relationship.
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1. Parties: Identification and details of all three parties to the agreement
2. Background: Context of the tripartite arrangement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Term and Commencement: Duration of the agreement and start date of employment
5. Role and Duties: Employee's position, responsibilities, and reporting lines to respective parties
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Working Hours: Standard working hours, overtime arrangements, and rest periods as per Swiss law
8. Remuneration: Salary, payment structure, and which party is responsible for payment
9. Benefits and Insurance: Mandatory Swiss social security contributions, insurance coverage, and allocation of responsibilities
10. Holidays and Leave: Annual leave entitlement, public holidays, and other types of leave
11. Expenses: Business expenses policy and reimbursement procedure
12. Confidentiality: Obligations regarding confidential information of all parties
13. Intellectual Property: Ownership and protection of IP created during employment
14. Data Protection: Handling of personal data between three parties in compliance with FADP
15. Non-Competition: Post-employment restrictions in accordance with Swiss law
16. Termination: Termination provisions, notice periods, and effects on all parties
17. Governing Law: Confirmation of Swiss law governance and jurisdiction
18. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Secondment Provisions: Used when the employee is seconded between parties or locations
2. International Travel: Include when role requires regular international travel
3. Commission Structure: Required for sales roles or performance-based compensation
4. Training Obligations: Include when specific training requirements exist between parties
5. Customer Interaction: Necessary when employee represents multiple parties to customers
6. Bonus Arrangements: Include for roles with bonus or variable compensation
7. Stock Options: Required when employee is offered equity participation
8. Inter-company Transfers: Include when movement between parties is anticipated
9. Health and Safety: Detailed section needed for high-risk work environments
10. Language Requirements: Include when specific language skills are essential
1. Schedule 1 - Job Description: Detailed description of role and responsibilities to each party
2. Schedule 2 - Compensation Details: Detailed breakdown of salary, benefits, and party responsibilities
3. Schedule 3 - Company Policies: Applicable policies from each party
4. Schedule 4 - Benefit Plans: Details of insurance and benefit schemes
5. Schedule 5 - Performance Metrics: KPIs and performance measurement criteria
6. Appendix A - Data Processing Agreement: Detailed provisions for handling personal data between parties
7. Appendix B - Confidentiality Agreement: Detailed confidentiality obligations and procedures
8. Appendix C - Equipment Schedule: List of provided equipment and responsible party
9. Appendix D - Territory Map: If role involves geographic territories or locations
10. Appendix E - Service Level Agreement: Performance standards between parties if applicable
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