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Secondment Contract Template for Switzerland

A Swiss law-governed secondment agreement that establishes the terms and conditions under which an employee temporarily transfers from their primary employer (home company) to work for another company (host company) while maintaining their original employment relationship. This agreement complies with Swiss employment law, particularly the Swiss Code of Obligations and the Federal Act on Employment Services, addressing key aspects such as duration, responsibilities, compensation, benefits, and the maintenance of employment rights. It includes specific provisions for social security, insurance, workplace regulations, and clearly defines the rights and obligations of all three parties involved.

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What is a Secondment Contract?

A Secondment Contract under Swiss law is used when an organization needs to temporarily transfer an employee to work for another company while maintaining their original employment relationship. This arrangement is common in situations requiring specialized expertise, project-specific work, group company transfers, or professional development opportunities. The document complies with Swiss employment legislation, particularly the Swiss Code of Obligations and Federal Act on Employment Services, and covers essential elements including duration, responsibilities, compensation, benefits, social security arrangements, and the tripartite relationship between home company, host company, and employee. It's particularly important in Switzerland due to specific regulatory requirements regarding employment relationships, social security obligations, and worker protection measures.

What sections should be included in a Secondment Contract?

1. Parties: Identification of the three parties: home company, host company, and the employee

2. Background: Context of the secondment arrangement and existing employment relationship

3. Definitions: Key terms used throughout the agreement including 'Secondment Period', 'Home Company', 'Host Company'

4. Duration and Terms of Secondment: Specified period of secondment, including start date, end date, and any possibility of extension

5. Employment Status: Confirmation that primary employment remains with home company and nature of relationship with host company

6. Role and Responsibilities: Details of the position, duties, and reporting lines at the host company

7. Working Hours and Location: Specified working arrangements including location and standard working hours

8. Compensation and Benefits: Salary, benefits, and which company is responsible for each element

9. Expenses and Allowances: Treatment of business expenses and any secondment-specific allowances

10. Leave Entitlements: Holiday, sick leave, and other leave arrangements during secondment

11. Social Security and Insurance: Arrangements for social security contributions and insurance coverage

12. Confidentiality and Data Protection: Obligations regarding confidential information of both companies

13. Intellectual Property: Ownership of IP created during secondment

14. Termination Provisions: Circumstances and process for early termination of secondment

15. Return to Home Company: Arrangements for return to home company post-secondment

16. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction

What sections are optional to include in a Secondment Contract?

1. International Travel: Required for cross-border secondments, covering visa requirements and international travel arrangements

2. Housing and Relocation: Include when secondment involves relocation or housing assistance

3. Tax Equalization: Required for international secondments where tax equalization is offered

4. Family Support: Include when family relocation support is provided

5. Training Requirements: Include when specific training or certification is required at host company

6. Performance Management: Include when detailed arrangements for performance reviews between home and host company are needed

7. Currency and Exchange Rates: Required for international secondments with multiple currencies

8. Emergency Procedures: Include for secondments to high-risk locations or when required by company policy

What schedules should be included in a Secondment Contract?

1. Schedule 1 - Job Description: Detailed description of role and responsibilities at host company

2. Schedule 2 - Compensation and Benefits Details: Comprehensive breakdown of all compensation elements and benefits

3. Schedule 3 - Applicable Policies: List of relevant policies from both home and host companies that apply during secondment

4. Schedule 4 - Expenses Policy: Detailed policy on claimed expenses and allowances

5. Appendix A - Contact Details: Key contact persons at both home and host companies

6. Appendix B - Required Notices: Templates for various notices required under the agreement

7. Appendix C - Insurance Coverage: Details of all insurance arrangements and coverage

8. Appendix D - Data Processing Agreement: Specific arrangements for handling personal data between companies

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

黑料视频

Document Type

Agreement Contract

Cost

Free to use

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