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Pre Employment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Pre Employment Agreement

"I need a Pre Employment Agreement under Swiss law for hiring a Chief Technology Officer in the pharmaceutical industry, with strong confidentiality provisions and conditions regarding obtaining necessary regulatory clearances before a planned start date of March 1, 2025."

Document background
The Pre-Employment Agreement is essential in situations where there is a significant period or complex requirements between initial job acceptance and formal employment commencement. This document, governed by Swiss law, is particularly crucial for regulated industries or senior positions where extensive preparation, background checks, or regulatory approvals are needed. It typically includes provisions for confidentiality, data protection, intellectual property rights, and conditions precedent to employment, all aligned with Swiss legal requirements including the Swiss Code of Obligations and relevant employment regulations. The agreement protects both employer and potential employee interests during this interim period, establishing clear obligations and expectations while maintaining compliance with Swiss employment and data protection laws.
Suggested Sections

1. Parties: Identification of the potential employer and the potential employee, including full legal names and addresses

2. Background: Context of the pre-employment relationship, including the potential role and general purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', and 'Condition Precedent'

4. Duration: Period during which the pre-employment agreement remains valid

5. Conditions Precedent: Specific conditions that must be met before formal employment begins (e.g., work permits, reference checks, medical examinations)

6. Confidentiality Obligations: Terms regarding the protection of confidential information shared during the pre-employment period

7. Data Protection: Provisions regarding the handling and processing of personal data in compliance with Swiss FADP

8. Intellectual Property: Rights and obligations regarding any IP created or shared during the pre-employment period

9. Good Faith Obligations: Mutual commitment to act in good faith during the pre-employment period

10. Termination: Circumstances under which the pre-employment agreement can be terminated

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent courts

Optional Sections

1. Non-Competition: Used when the potential employee will be exposed to sensitive business information during the pre-employment period

2. Training Commitments: Include when pre-employment training is required, specifying any obligations or cost reimbursement terms

3. Relocation Provisions: Required when the potential employee needs to relocate, including any assistance or conditions

4. Work Permit Provisions: Include for foreign nationals requiring work permits in Switzerland

5. Medical Examination: Used when the position requires specific medical clearance

6. Background Check Authorization: Include when detailed background checks are required for the position

7. Anticipated Employment Terms: Optional summary of key employment terms, while clearly stating these are subject to the final employment contract

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of the potential role and responsibilities

2. Schedule 2 - Required Documentation: List of documents and certificates required before employment can commence

3. Schedule 3 - Confidential Information: Specific details of confidential information that may be shared during the pre-employment period

4. Appendix A - Background Check Requirements: Detailed requirements and process for background checks if applicable

5. Appendix B - Medical Examination Requirements: Specific medical examination requirements if applicable

6. Appendix C - Training Program: Details of any pre-employment training program if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























Clauses





























Relevant Industries

Financial Services

Banking

Insurance

Pharmaceuticals

Healthcare

Technology

Manufacturing

Professional Services

Telecommunications

Education

Research & Development

Chemical Industry

Life Sciences

Consulting

Engineering

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Finance

Information Technology

Research & Development

Operations

Risk Management

Security

Corporate Communications

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Department Director

Research Scientist

Senior Software Engineer

Financial Controller

Investment Banker

Legal Counsel

Head of Compliance

Senior Consultant

Project Director

Product Manager

Security Officer

Clinical Research Director

Principal Engineer

Head of Operations

Risk Manager

Technical Director

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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