Author's Note
The Employment Agreement (long form) is a standard Swiss-law governed employment contract. A Swiss-law governed employment contract may be appropriate where the employer is established in Switzerland and/ or the employee’s place of work of is in Switzerland. Terms which are configurable to the user’s needs include: Title and responsibilities of the employee; Work location; Commencement and duration of employment, including any probation period (where relevant) and termination notice required; Salary and bonus terms, and other benefits applicable; Hours of work and overtime provisions; Terms of absence (holidays, sickness and other entitlements); Provision for accident and sickness insurance and salary continuation; and Ownership of intellectual property created in the course of employment. Circumstances of Use This document is intended for the employment of individuals in mid- to senior-level positions, where issues such as the...
Read moreThe Employment Agreement (long form) is a standard Swiss-law governed employment contract.
A Swiss-law governed employment contract may be appropriate where the employer is established in Switzerland and/ or the employee’s place of work of is in Switzerland.
Terms which are configurable to the user’s needs include:
- Title and responsibilities of the employee;
- Work location;
- Commencement and duration of employment, including any probation period (where relevant) and termination notice required;
- Salary and bonus terms, and other benefits applicable;
- Hours of work and overtime provisions;
- Terms of absence (holidays, sickness and other entitlements);
- Provision for accident and sickness insurance and salary continuation; and
- Ownership of intellectual property created in the course of employment.
Circumstances of Use
This document is intended for the employment of individuals in mid- to senior-level positions, where issues such as the employee’s entitlement to a bonus, repayment of expenses, use of a company car and ability to benefit from additional insurance cover may be particularly relevant.
For employees in junior positions or very standard roles, the Employment Contract (short-form) may be used as an alternative.
Terms of Use
The purchase of this Product is subject to PartnerVine Terms.
You (the registered user through whose account the purchase is made) may:
- Access the document-generation interview for 90 days from date of purchase;
- Export and download an unlimited number of copies of the document(s) in Word or pdf format;
- Share and use the document copies in connection with the circumstances described in this Author’s Note and only for the ordinary business purposes of the group of companies to which you belong.
Exclusions and Limitations
This Employment Contract does not include a non-compete obligation or any non-solicitation provisions on termination of the employment. Such provisions are complex and require careful drafting and advice specific to the relevant circumstances.
Employment may be made conditional on the grant of relevant work permits.
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Frequently asked questions
As holders of positions change, indication of a function and not a specific person is recommended.
The probationary period may not exceed three months. A probationary period is not mandatory and can be anything between 0 and 3 months.
Anything between 40 and 42 hours (contractual weekly working time) may be considered common practice. The legal maximum of weekly working hours is 45 or 50 hours, depending on the specific industry or position of the Employee.
Overtime means the hours exceeding contractual weekly working time but below maximum legal working time. Overtime can be compensated (1) by free time on a one-to-one basis. However, it is also possible that there is (2) no compensation for overtime. Concerning the latter, it is legally permissible to agree that overtime is not compensated in addition but included in the salary. In practice, this is often done for higher staff.
It is customary to include a caveat in the contact to mitigate the risk of creating an entitlement to payment of the bonus.
The legal minimum is 20 vacation days per calendar year. Employees under the age of 21 have 25 days of yearly vacation. The parties are free to agree on more whereas common practice is 25 days.
According to the law, vacation days are not forfeited and can therefore be carried forward in any event. However, a provision may help to prevent excessive accumulation of vacation allowances.
2 days.
2 days.
3 days.
5 days.
1 day.
No. The accident insurance in addition is not mandatory. However, under the mandatory insurance schemes, salaries are only insured up to a certain level (currently CHF 148'000/year). These schemes do not cover all risks. In particular for salaries above this threshold, it is advisable to conclude such an accident insurance in addition. With regard to the payment of the premiums, the parties are free to decide whether the premiums for the accident insurance in addition shall be borne by the Employer and/or the Employee.
It is common practice to set this limit at 3 to 5 days.
Such work results may be inventions or designs.
According to the applicable law, on the one hand, inventions and designs produced by the Employee belong to the Employer if produced in performance of contractual duties.
On the other hand, inventions and designs produced by the Employee belong to the Employee if not produced in performance of contractual duties. However, by written assignment, it is possible to agree that such inventions shall belong to the Employer. In such case, Employer shall pay to the Employee an appropriate compensation for the assignment of rights.
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