A Secondment Contract under Swiss law is used when an organization needs to temporarily transfer an employee to work for another company while maintaining their original employment relationship. This arrangement is common in situations requiring specialized expertise, project-specific work, group company transfers, or professional development opportunities. The document complies with Swiss employment legislation, particularly the Swiss Code of Obligations and Federal Act on Employment Services, and covers essential elements including duration, responsibilities, compensation, benefits, social security arrangements, and the tripartite relationship between home company, host company, and employee. It's particularly important in Switzerland due to specific regulatory requirements regarding employment relationships, social security obligations, and worker protection measures.
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1. Parties: Identification of the three parties: home company, host company, and the employee
2. Background: Context of the secondment arrangement and existing employment relationship
3. Definitions: Key terms used throughout the agreement including 'Secondment Period', 'Home Company', 'Host Company'
4. Duration and Terms of Secondment: Specified period of secondment, including start date, end date, and any possibility of extension
5. Employment Status: Confirmation that primary employment remains with home company and nature of relationship with host company
6. Role and Responsibilities: Details of the position, duties, and reporting lines at the host company
7. Working Hours and Location: Specified working arrangements including location and standard working hours
8. Compensation and Benefits: Salary, benefits, and which company is responsible for each element
9. Expenses and Allowances: Treatment of business expenses and any secondment-specific allowances
10. Leave Entitlements: Holiday, sick leave, and other leave arrangements during secondment
11. Social Security and Insurance: Arrangements for social security contributions and insurance coverage
12. Confidentiality and Data Protection: Obligations regarding confidential information of both companies
13. Intellectual Property: Ownership of IP created during secondment
14. Termination Provisions: Circumstances and process for early termination of secondment
15. Return to Home Company: Arrangements for return to home company post-secondment
16. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction
1. International Travel: Required for cross-border secondments, covering visa requirements and international travel arrangements
2. Housing and Relocation: Include when secondment involves relocation or housing assistance
3. Tax Equalization: Required for international secondments where tax equalization is offered
4. Family Support: Include when family relocation support is provided
5. Training Requirements: Include when specific training or certification is required at host company
6. Performance Management: Include when detailed arrangements for performance reviews between home and host company are needed
7. Currency and Exchange Rates: Required for international secondments with multiple currencies
8. Emergency Procedures: Include for secondments to high-risk locations or when required by company policy
1. Schedule 1 - Job Description: Detailed description of role and responsibilities at host company
2. Schedule 2 - Compensation and Benefits Details: Comprehensive breakdown of all compensation elements and benefits
3. Schedule 3 - Applicable Policies: List of relevant policies from both home and host companies that apply during secondment
4. Schedule 4 - Expenses Policy: Detailed policy on claimed expenses and allowances
5. Appendix A - Contact Details: Key contact persons at both home and host companies
6. Appendix B - Required Notices: Ƶ for various notices required under the agreement
7. Appendix C - Insurance Coverage: Details of all insurance arrangements and coverage
8. Appendix D - Data Processing Agreement: Specific arrangements for handling personal data between companies
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Pharmaceuticals
Professional Services
Energy
Construction
Telecommunications
Consulting
Healthcare
Education
Research and Development
Engineering
Automotive
Chemical Industry
Relevant Teams
Human Resources
Legal
Compliance
Finance
Operations
Project Management Office
Research and Development
Information Technology
Business Development
Training and Development
Relevant Roles
Human Resources Director
HR Business Partner
Legal Counsel
Compliance Officer
Project Manager
Technical Specialist
Senior Engineer
Management Consultant
Research Scientist
Department Head
Program Director
Finance Manager
IT Specialist
Operations Manager
Business Development Manager
Training Specialist
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