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Management Contract for Switzerland

Management Contract Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes and regulates the relationship between a company and a senior manager or executive. This contract defines the terms of employment, responsibilities, compensation, benefits, and obligations of both parties in accordance with Swiss employment regulations, particularly the Swiss Code of Obligations. It includes specific provisions for management duties, corporate governance requirements, confidentiality obligations, and post-employment restrictions, while ensuring compliance with Swiss social security and data protection laws.

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Management Contract

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What is a Management Contract?

The Management Contract serves as the primary legal document defining the relationship between a company and its senior executives in Switzerland. This document is essential when appointing high-level managers, C-suite executives, or key organizational leaders. It incorporates specific requirements under Swiss law, particularly the Swiss Code of Obligations, and addresses crucial aspects such as management responsibilities, compensation structures, social security requirements, and post-employment obligations. The contract is designed to protect both the company's interests through confidentiality and non-compete provisions, while also ensuring the manager's rights and benefits are clearly defined. It's particularly important for establishing clear governance structures, reporting lines, and performance expectations in Swiss business operations.

What sections should be included in a Management Contract?

1. Parties: Identification of the company and the manager, including full legal names and addresses

2. Background: Context of the appointment and brief description of the company's business

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Official designation of the role, start date, and duration of appointment

5. Duties and Responsibilities: Detailed description of the manager's role, reporting lines, and key responsibilities

6. Time Commitment: Expected working hours and availability requirements

7. Remuneration: Base salary, bonus structure, and other financial benefits

8. Benefits and Expenses: Additional benefits, expense policies, and reimbursement procedures

9. Social Security and Insurance: Mandatory Swiss social security contributions and insurance requirements

10. Vacation and Leave: Annual leave entitlement and conditions

11. Confidentiality: Protection of company information and trade secrets

12. Intellectual Property: Ownership and rights to work products and innovations

13. Non-Competition and Non-Solicitation: Post-employment restrictions in accordance with Swiss law

14. Termination: Grounds for termination, notice periods, and consequences

15. Data Protection: Handling of personal data in compliance with Swiss data protection laws

16. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

What sections are optional to include in a Management Contract?

1. Corporate Governance: Additional provisions for managers who are also board members or have corporate governance responsibilities

2. International Travel: Specific provisions for roles requiring significant international travel

3. Multiple Appointments: Provisions for managers holding positions in multiple group companies

4. Share Options: Details of any share option or equity participation schemes

5. Representation Powers: Specific powers of representation and signing authority

6. Language: Language provisions for contracts involving non-Swiss managers

7. Mediation: Optional mediation procedures before litigation

8. Garden Leave: Provisions for garden leave during notice periods

9. Relocation: Terms for managers relocating to Switzerland

What schedules should be included in a Management Contract?

1. Job Description: Detailed outline of roles, responsibilities, and key performance indicators

2. Compensation Structure: Detailed breakdown of salary, bonus calculations, and other financial benefits

3. Benefits Package: Comprehensive list of benefits and associated terms

4. Company Policies: Key company policies applicable to the management position

5. Authorized Signatories: List of authorized signing powers and limitations

6. Group Companies: List of group companies if the role involves multiple entities

7. Performance Metrics: Specific performance indicators and evaluation criteria

8. Expense Policy: Detailed guidelines for business expense claims 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 | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions











































Clauses










































Relevant Industries

Financial Services

Manufacturing

Technology

Healthcare

Retail

Professional Services

Insurance

Pharmaceuticals

Telecommunications

Energy

Construction

Real Estate

Education

Hospitality

Transportation

Consumer Goods

Relevant Teams

Human Resources

Legal

Executive Management

Board of Directors

Corporate Governance

Compliance

Finance

Operations

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Managing Director

Country Manager

Regional Director

Division Head

Executive Vice President

Senior Vice President

General Manager

Department Head

Branch Manager

Operations Director

Business Unit Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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