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Salesman Contract Of Employment for Switzerland

Salesman Contract Of Employment Template for Switzerland

A comprehensive employment agreement governed by Swiss law, specifically designed for sales professionals and commercial travelers. This contract incorporates key provisions from the Swiss Code of Obligations, particularly Articles 347-350a regarding commercial travelers, alongside general employment provisions. The document covers essential elements including territory allocation, commission structures, expense reimbursement, and performance metrics, while ensuring compliance with Swiss labor laws and data protection requirements. It provides a robust framework for both employer and sales employee, clearly outlining rights, responsibilities, and compensation structures specific to sales roles.

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What is a Salesman Contract Of Employment?

The Salesman Contract of Employment is a specialized employment agreement designed for use in Switzerland when hiring sales professionals and commercial travelers. It is structured to comply with Swiss employment law, particularly the Swiss Code of Obligations and specific regulations governing commercial travelers. This contract type is essential when engaging sales professionals who will represent the company in customer acquisition and relationship management, typically involving commission-based compensation structures. The document addresses unique aspects of sales roles including territory rights, commission calculations, expense reimbursement, and performance expectations, while incorporating mandatory Swiss employment law provisions regarding working hours, leave entitlements, and termination notice periods. It's particularly important for businesses employing sales staff who will be responsible for direct customer interaction and revenue generation.

What sections should be included in a Salesman Contract Of Employment?

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 agreement

3. Definitions: Key terms used throughout the contract, including specific sales-related terminology

4. Position and Duties: Detailed description of the sales role, responsibilities, and reporting structure

5. Territory and Customer Base: Definition of geographical area and/or customer segments assigned

6. Compensation Structure: Base salary, commission rates, and calculation methods

7. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location

8. Expenses and Reimbursement: Policy on business expenses, vehicle allowance, and reimbursement procedures

9. Targets and Performance Metrics: Sales targets, KPIs, and performance evaluation criteria

10. Leave Entitlements: Vacation, sick leave, and other time-off provisions

11. Confidentiality: Protection of company and customer information

12. Non-Competition and Non-Solicitation: Post-employment restrictions on competing activities and customer contact

13. Data Protection: Handling of customer and company data in compliance with Swiss law

14. Termination: Notice periods and grounds for termination

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

What sections are optional to include in a Salesman Contract Of Employment?

1. International Travel: Required for roles involving cross-border sales activities

2. Special Bonus Schemes: For additional incentive programs beyond standard commission

3. Company Car Provisions: When a company vehicle is provided

4. Home Office Arrangements: For hybrid or remote working arrangements

5. Training Requirements: Specific ongoing training or certification requirements

6. Insurance Coverage: Additional insurance provisions beyond statutory requirements

7. Stock Options/Equity: For companies offering equity-based compensation

8. Language Requirements: For positions requiring specific language skills

9. Inventions and IP Rights: For roles involving product development or innovation

What schedules should be included in a Salesman Contract Of Employment?

1. Schedule 1 - Commission Structure: Detailed commission rates, tiers, and calculation methods

2. Schedule 2 - Territory Map: Geographical representation of assigned sales territory

3. Schedule 3 - Expense Policy: Detailed policies for business expense claims and limits

4. Schedule 4 - Sales Targets: Specific sales targets and measurement periods

5. Schedule 5 - Company Policies: Reference to relevant company policies and procedures

6. Appendix A - Customer List: List of assigned customers or accounts, if applicable

7. Appendix B - Product Portfolio: Overview of products/services the salesperson is authorized to sell

8. Appendix C - Benefits Package: Details of additional benefits and insurance coverage

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

Employment Contract

Cost

Free to use
Relevant legal definitions








































Clauses














































Relevant Industries

Retail

Wholesale

Manufacturing

Technology

Pharmaceuticals

Financial Services

Professional Services

Consumer Goods

Industrial Equipment

Telecommunications

Automotive

Real Estate

Insurance

Medical Devices

Relevant Teams

Sales

Business Development

Commercial

Revenue

Account Management

Human Resources

Legal

Finance

Operations

Product Management

Relevant Roles

Sales Representative

Account Executive

Business Development Manager

Territory Sales Manager

Regional Sales Director

Key Account Manager

Inside Sales Representative

Field Sales Representative

Sales Consultant

Commercial Traveler

Sales Executive

Product Specialist - Sales

Technical Sales Representative

Senior Sales Manager

Junior Sales Representative

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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