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Tripartite Agreement Employment for Switzerland

Tripartite Agreement Employment Template for Switzerland

A comprehensive employment agreement governed by Swiss law that establishes and regulates the employment relationship between three parties. This document addresses the complex interplay of rights, obligations, and responsibilities among the involved parties while ensuring compliance with Swiss employment law, including the Swiss Code of Obligations (OR) and relevant employment regulations. The agreement covers essential employment terms, reporting structures, allocation of employer obligations, and specific provisions for managing the three-way relationship, while incorporating necessary protections for all parties involved.

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What is a Tripartite Agreement Employment?

The Tripartite Agreement Employment is designed for situations where an employment relationship involves three distinct parties under Swiss law. This arrangement is commonly used in group company structures, joint employment scenarios, or when employees are shared between entities. The document establishes clear lines of responsibility for employer obligations under Swiss law, including social security contributions, insurance requirements, and workplace regulations. It specifically addresses how employment duties, reporting lines, and obligations are allocated among the parties while ensuring compliance with the Swiss Code of Obligations and relevant employment legislation. This agreement is particularly valuable for international companies operating in Switzerland, shared service arrangements, or specialized employment structures where traditional bilateral employment agreements would not sufficiently address the complexity of the relationship.

What sections should be included in a Tripartite Agreement Employment?

1. Parties: Identification and details of all three parties to the agreement

2. Background: Context of the tripartite arrangement and the relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Term and Commencement: Duration of the agreement and start date of employment

5. Role and Duties: Employee's position, responsibilities, and reporting lines to respective parties

6. Place of Work: Primary workplace location and any flexibility arrangements

7. Working Hours: Standard working hours, overtime arrangements, and rest periods as per Swiss law

8. Remuneration: Salary, payment structure, and which party is responsible for payment

9. Benefits and Insurance: Mandatory Swiss social security contributions, insurance coverage, and allocation of responsibilities

10. Holidays and Leave: Annual leave entitlement, public holidays, and other types of leave

11. Expenses: Business expenses policy and reimbursement procedure

12. Confidentiality: Obligations regarding confidential information of all parties

13. Intellectual Property: Ownership and protection of IP created during employment

14. Data Protection: Handling of personal data between three parties in compliance with FADP

15. Non-Competition: Post-employment restrictions in accordance with Swiss law

16. Termination: Termination provisions, notice periods, and effects on all parties

17. Governing Law: Confirmation of Swiss law governance and jurisdiction

18. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

What sections are optional to include in a Tripartite Agreement Employment?

1. Secondment Provisions: Used when the employee is seconded between parties or locations

2. International Travel: Include when role requires regular international travel

3. Commission Structure: Required for sales roles or performance-based compensation

4. Training Obligations: Include when specific training requirements exist between parties

5. Customer Interaction: Necessary when employee represents multiple parties to customers

6. Bonus Arrangements: Include for roles with bonus or variable compensation

7. Stock Options: Required when employee is offered equity participation

8. Inter-company Transfers: Include when movement between parties is anticipated

9. Health and Safety: Detailed section needed for high-risk work environments

10. Language Requirements: Include when specific language skills are essential

What schedules should be included in a Tripartite Agreement Employment?

1. Schedule 1 - Job Description: Detailed description of role and responsibilities to each party

2. Schedule 2 - Compensation Details: Detailed breakdown of salary, benefits, and party responsibilities

3. Schedule 3 - Company Policies: Applicable policies from each party

4. Schedule 4 - Benefit Plans: Details of insurance and benefit schemes

5. Schedule 5 - Performance Metrics: KPIs and performance measurement criteria

6. Appendix A - Data Processing Agreement: Detailed provisions for handling personal data between parties

7. Appendix B - Confidentiality Agreement: Detailed confidentiality obligations and procedures

8. Appendix C - Equipment Schedule: List of provided equipment and responsible party

9. Appendix D - Territory Map: If role involves geographic territories or locations

10. Appendix E - Service Level Agreement: Performance standards between parties if applicable

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

Financial Services

Professional Services

Information Technology

Manufacturing

Pharmaceuticals

Construction

Healthcare

Consulting

Telecommunications

Education

Staffing and Recruitment

Research and Development

Shared Services

Hospitality

Retail

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Research & Development

Sales

Business Development

Compliance

Risk Management

Administrative Services

Project Management Office

Corporate Services

Strategy

Shared Services

Relevant Roles

Project Manager

Consultant

Software Developer

Research Scientist

Sales Director

Account Manager

Financial Controller

HR Business Partner

Operations Manager

Legal Counsel

Business Analyst

Technical Specialist

Department Head

Regional Manager

Executive Assistant

Chief Technology Officer

Group Financial Officer

Shared Services 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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