The New Employee Contract serves as the foundational document for establishing employment relationships in Switzerland, ensuring compliance with Swiss federal and cantonal laws. This contract is essential when hiring new employees, whether for permanent or fixed-term positions, and must be used at the commencement of any new employment relationship. It incorporates mandatory provisions from the Swiss Code of Obligations (OR), Federal Labor Law, and other relevant legislation, covering crucial aspects such as working conditions, compensation, social security, and termination terms. The document is designed to protect both employer and employee interests while maintaining compliance with Swiss employment regulations, including requirements for working hours, vacation entitlements, social insurance contributions, and notice periods.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and reference to any prior discussions or agreements
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 type of contract (indefinite or fixed-term)
6. Probationary Period: Length of probationary period and related terms
7. Working Hours and Place of Work: Regular working hours, location, and flexibility arrangements
8. Salary and Benefits: Base salary, payment schedule, and mandatory benefits
9. Vacation and Leave: Annual leave entitlement, public holidays, and other leave provisions
10. Social Security and Insurance: Mandatory insurance and social security arrangements
11. Termination: Notice periods and grounds for termination
12. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Confidentiality and Data Protection: Detailed confidentiality obligations, used for roles with access to sensitive information
2. Intellectual Property Rights: IP assignment provisions, essential for creative or technical roles
3. Non-Competition: Post-employment restrictions, used for senior positions or roles with access to sensitive business information
4. Mobility Clause: Travel requirements and conditions, included for roles requiring regular travel
5. Performance Bonus: Variable compensation terms, used when offering performance-based incentives
6. Training and Development: Professional development provisions, included for roles with specific training requirements
7. Remote Working: Terms for working from home or other locations, used for flexible working arrangements
8. Language Requirements: Language proficiency requirements and testing, used in multilingual work environments
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting lines
2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and allowances
3. Schedule 3 - Company Policies: Reference to or summary of key company policies applicable to the employment
4. Schedule 4 - Benefits Summary: Detailed description of all benefits, insurance coverage, and pension arrangements
5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
6. Appendix B - IT Usage Policy: Rules and guidelines for use of company IT systems and equipment
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