The Company Director Employment Contract is a crucial document used when appointing executive-level directors in Swiss companies. It serves as the primary agreement governing the employment relationship between a company and its directors, incorporating requirements from both Swiss employment law and corporate legislation. This contract is essential for establishing clear terms of service, responsibilities, and compensation for director-level positions, while ensuring compliance with Swiss regulatory requirements. It typically includes comprehensive provisions for remuneration, benefits, duties, corporate governance obligations, and termination conditions. The document is particularly important for maintaining proper corporate governance and protecting both the company's and director's interests in accordance with Swiss legal standards.
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1. Parties: Identification of the company and the director, including full legal names and addresses
2. Background: Context of the appointment, including any relevant corporate resolutions
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Details of the director position, effective date, and duration of appointment
5. Duties and Responsibilities: Comprehensive outline of director's roles, responsibilities, and reporting lines
6. Time Commitment: Expected working hours, availability, and time allocation requirements
7. Remuneration: Base salary, bonuses, and other financial benefits
8. Benefits: Insurance, pension, and other non-monetary benefits
9. Expenses: Policy on business expenses and reimbursement
10. Location and Travel: Primary work location and travel requirements
11. Vacation and Leave: Annual leave entitlement and conditions
12. Confidentiality: Obligations regarding company confidential information
13. Intellectual Property: Ownership and rights to work-related intellectual property
14. Non-Competition: Restrictions on competing activities during and after employment
15. Termination: Grounds and procedures for contract termination
16. Garden Leave: Company's right to place director on garden leave
17. Return of Property: Obligations regarding company property upon termination
18. Governing Law: Specification of Swiss law as governing law
19. Entire Agreement: Integration clause and relationship to other agreements
1. Multiple Directorships: Required when director holds board positions in multiple group companies
2. International Travel: Needed for roles requiring significant international presence
3. Share Options: Include when director is offered equity participation
4. Performance Targets: Used when remuneration is significantly performance-based
5. Residency Requirements: Include for non-Swiss resident directors
6. Corporate Governance: Additional section for listed company requirements
7. Language Requirements: Include when specific language skills are essential
8. Secondment Provisions: Required for directors who may be seconded to other group companies
1. Schedule 1 - Job Description: Detailed outline of director's duties and responsibilities
2. Schedule 2 - Remuneration Package: Detailed breakdown of all compensation elements
3. Schedule 3 - Benefits Details: Comprehensive list of benefits and their terms
4. Schedule 4 - Company Policies: Key company policies applicable to the director
5. Schedule 5 - Share Option Terms: Details of any share option or equity participation scheme
6. Appendix A - Board Resolution: Copy of board resolution appointing the director
7. Appendix B - Code of Conduct: Company's code of conduct and ethics
8. Appendix C - Expense Policy: Detailed company expense policy and procedures
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