The Executive Employment Agreement is a crucial document for establishing and governing the employment relationship between companies and their senior executives in Switzerland. This agreement is typically used when appointing C-suite executives, managing directors, or other senior leadership positions in Swiss-based companies or Swiss subsidiaries of international organizations. The document addresses specific requirements under Swiss employment law, including mandatory provisions from the Swiss Code of Obligations, while incorporating international best practices for executive compensation and governance. It covers essential aspects such as duties, compensation, benefits, post-employment restrictions, and corporate governance responsibilities, with particular attention to Swiss-specific legal requirements regarding executive employment terms and conditions.
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1. Parties: Identification of the employer company and the executive employee
2. Background: Context of the appointment and any relevant corporate structure information
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position title, appointment effective date, and term (if fixed)
5. Duties and Responsibilities: Executive's role, reporting lines, and key responsibilities
6. Place of Work: Primary work location and travel requirements
7. Working Time: Expected working hours and acknowledgment of executive exemption from standard working hour restrictions
8. Compensation: Base salary, review process, and payment terms
9. Bonus and Incentives: Annual bonus, long-term incentives, and performance metrics
10. Benefits and Expenses: Standard benefits package, expense reimbursement, and insurance coverage
11. Vacation and Leave: Annual leave entitlement and public holidays
12. Social Security and Pension: Mandatory Swiss social security and pension arrangements
13. Confidentiality: Protection of company confidential information
14. Intellectual Property: Ownership and assignment of IP created during employment
15. Non-Competition and Non-Solicitation: Post-employment restrictions as permitted under Swiss law
16. Termination: Notice periods, grounds for termination, and consequences
17. Garden Leave: Company's right to place executive on garden leave during notice period
18. Return of Property: Obligation to return company property upon termination
19. Data Protection: Handling of personal data in compliance with Swiss law
20. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for disputes
1. Corporate Governance Role: Required if executive serves on Board of Directors or in other corporate bodies
2. International Travel and Assignment: Include for roles requiring significant international responsibilities
3. Company Car: Include if a company car is part of the benefits package
4. Housing Allowance: Include for expatriate executives or those requiring relocation
5. Change of Control: Protection and rights in case of company ownership change
6. Share Options or Equity Participation: Include if executive participates in equity programs
7. Representation on Boards: Rules regarding participation on external boards or organizations
8. Expatriate Provisions: Required for international executives with special tax or benefits arrangements
9. Sign-on Bonus: Include if a one-time signing bonus is offered
10. Relocation Assistance: Include if support for relocation to Switzerland is provided
1. Schedule 1 - Job Description: Detailed outline of executive's duties and responsibilities
2. Schedule 2 - Compensation Details: Detailed breakdown of salary, bonus structure, and benefits
3. Schedule 3 - Bonus Plan Rules: Specific terms and conditions of variable compensation
4. Schedule 4 - Share Option Plan: Terms of any equity participation or share option scheme
5. Schedule 5 - Company Policies: Key company policies applicable to executive position
6. Schedule 6 - Insurance Coverage: Details of insurance benefits and coverage levels
7. Appendix A - Confidentiality Agreement: Detailed confidentiality obligations and restrictions
8. Appendix B - IP Assignment: Comprehensive intellectual property assignment provisions
9. Appendix C - Non-Compete Terms: Detailed post-employment restriction terms and geographical scope
10. Appendix D - Benefits Summary: Comprehensive overview of all benefits and allowances
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Pharmaceutical and Healthcare
Insurance
Manufacturing
Technology
Consumer Goods
Chemical Industry
Luxury Goods
Professional Services
Energy
Telecommunications
Life Sciences
Industrial Engineering
Food and Beverage
Transportation and Logistics
Relevant Teams
Human Resources
Legal
Executive Management
Board of Directors
Corporate Governance
Compensation Committee
Corporate Secretariat
Compliance
Finance
Operations
Relevant Roles
Chief Executive Officer (CEO)
Chief Financial Officer (CFO)
Chief Operating Officer (COO)
Chief Technology Officer (CTO)
Chief Marketing Officer (CMO)
Managing Director
Executive Director
Country Manager
General Manager
Division President
Regional Director
Senior Vice President
Executive Vice President
Head of Operations
Chief Legal Officer
Chief Risk Officer
Chief Investment Officer
Chief Human Resources Officer
Chief Commercial Officer
Managing Partner
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