The Basic Employment Contract serves as the primary document establishing an employment relationship in Switzerland. It is designed for use when hiring new employees or formalizing existing employment relationships, ensuring compliance with Swiss employment law requirements. The contract incorporates mandatory provisions from the Swiss Code of Obligations and Labor Law, while maintaining flexibility to accommodate various employment situations. This document is essential for both employers and employees as it clearly defines rights, obligations, and terms of employment, providing legal certainty and protection for both parties. The contract should be used at the commencement of any new employment relationship in Switzerland, regardless of the sector or position level.
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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 purpose of the agreement
3. Definitions: Key terms used throughout the contract
4. Position and Duties: Job title, role description, and main responsibilities
5. Commencement and Duration: Start date and type of contract (fixed-term or indefinite)
6. Probationary Period: Length of probationary period and conditions
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 Public Holidays: Annual leave entitlement and public holiday provisions
10. Social Security and Insurance: Mandatory insurance and social security contributions
11. Illness and Accident: Provisions for sick leave and accident coverage
12. Confidentiality: Protection of company information and trade secrets
13. Data Protection: Handling of employee personal data
14. Notice Period and Termination: Notice requirements and termination conditions
15. Applicable Law and Jurisdiction: Reference to Swiss law and competent courts
1. Bonus and Commission: Include when the role includes variable compensation elements
2. Non-Competition: Include for senior positions or roles with access to sensitive information
3. Intellectual Property Rights: Include for roles involving creative or technical work
4. Home Office Arrangements: Include if remote work is permitted
5. Company Car: Include if a company car is provided
6. Training and Development: Include if specific training requirements or opportunities are offered
7. Stock Options/Employee Share Plan: Include if employee is eligible for equity compensation
8. Language Requirements: Include if specific language skills are required
9. Travel Requirements: Include if position requires regular travel
1. Schedule 1 - Job Description: Detailed description of role responsibilities and requirements
2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Reference to applicable company policies and procedures
4. Schedule 4 - Expense Policy: Rules and procedures for business expense reimbursement
5. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
6. Appendix B - IT Usage Policy: Rules for use of company IT systems and equipment
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Healthcare
Retail
Professional Services
Education
Hospitality
Construction
Telecommunications
Consumer Goods
Transportation
Energy
Media
Real Estate
Pharmaceuticals
Insurance
Agriculture
Non-Profit
Entertainment
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Customer Service
Research and Development
Administration
Product Development
Quality Assurance
Business Development
Corporate Communications
Facilities Management
Relevant Roles
Administrative Assistant
Account Manager
Software Developer
Sales Representative
Marketing Coordinator
Human Resources Officer
Financial Analyst
Project Manager
Customer Service Representative
Operations Manager
Research Analyst
Business Development Manager
Office Manager
Technical Support Specialist
Product Manager
Quality Assurance Engineer
Data Analyst
Executive Assistant
Design Engineer
Accountant
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