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Probation Employment Contract Template for Switzerland

A Swiss Probation Employment Contract is a legally binding agreement that establishes the terms and conditions of employment during an initial probationary period, which under Swiss law cannot exceed three months. The document complies with the Swiss Code of Obligations (CO) and Swiss Labor Law (ArG), outlining essential elements such as job responsibilities, working hours, compensation, benefits, and termination provisions. It serves as a crucial document for both employer and employee during the initial evaluation period of employment, providing clear guidelines and expectations while ensuring compliance with Swiss employment regulations.

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What is a Probation Employment Contract?

The Probation Employment Contract is a fundamental document used in Swiss employment relationships to formalize the initial trial period of employment. It is typically implemented at the start of any new employment relationship in Switzerland, where probationary periods are standard practice and regulated under Article 335b of the Swiss Code of Obligations. This document outlines the terms and conditions that will govern the employment relationship during the probationary period, including position details, compensation, working hours, and termination provisions. The contract ensures compliance with Swiss employment law while providing both employer and employee with clear guidelines and mutual understanding of their rights and obligations during this initial evaluation period. It's particularly important as it establishes shorter notice periods during probation and sets clear performance expectations.

What sections should be included in a Probation Employment Contract?

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 probationary contract

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and primary responsibilities

5. Probationary Period: Duration of probation period (maximum 3 months under Swiss law) and conditions

6. Start Date and Duration: Commencement date and intended duration of employment

7. Work Location: Primary workplace location and any flexibility arrangements

8. Working Hours: Standard working hours, break times, and overtime arrangements

9. Compensation: Base salary, payment frequency, and method of payment

10. Benefits: Statutory and contractual benefits including insurance and pension arrangements

11. Holidays and Leave: Annual leave entitlement and public holidays

12. Termination: Notice periods and termination procedures during and after probation

13. Confidentiality: Obligations regarding company confidential information

14. Data Protection: Handling of personal data and privacy requirements

15. Governing Law: Confirmation of Swiss law application and jurisdiction

What sections are optional to include in a Probation Employment Contract?

1. Language Requirements: Required when specific language skills are essential for the role

2. Training Requirements: Used when specific training or certifications must be completed during probation

3. Performance Targets: Include when specific probation period goals or KPIs need to be met

4. Travel Requirements: Required when position involves regular travel

5. Remote Work Provisions: Include when remote work is permitted or required

6. Intellectual Property: Required for roles involving creation of IP or technical innovations

7. Non-Competition: Used for senior positions or roles with access to sensitive information

8. Additional Employment: Include when restricting employee's ability to take on additional work

9. Equipment Provisions: Required when company provides specific tools or equipment

What schedules should be included in a Probation Employment Contract?

1. Schedule 1: Job Description: Detailed description of role, responsibilities, and reporting lines

2. Schedule 2: Compensation Details: Breakdown of salary components and benefits

3. Schedule 3: Company Policies: Reference to or summary of key company policies applicable during probation

4. Schedule 4: Performance Criteria: Specific metrics or objectives for evaluating performance during probation

5. Appendix A: Employee Handbook Reference: Reference to relevant sections of employee handbook

6. Appendix B: Health and Safety Guidelines: Workplace safety requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use

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