The Employee Transfer Agreement is a crucial document used in Switzerland when transferring employees between different employers, whether within the same corporate group or to entirely separate entities. It is specifically designed to comply with Swiss employment law, including the Code of Obligations and relevant cantonal regulations. This agreement becomes necessary during corporate restructuring, mergers and acquisitions, or strategic reorganizations where employees need to be transferred while maintaining their employment rights and benefits. The document covers essential aspects such as employment continuity, compensation arrangements, social security provisions, and pension transfers, while ensuring compliance with Swiss data protection requirements and employment regulations. It serves as a legally binding instrument that protects the interests of all parties involved and provides clarity on the terms and conditions of the transfer.
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1. Parties: Identification of the current employer (Transferor), new employer (Transferee), and the employee being transferred
2. Background: Context of the transfer, including the business rationale and relationship between the employers
3. Definitions: Key terms used throughout the agreement
4. Transfer Date and Terms: Specific date and conditions of the employment transfer
5. Continuity of Employment: Confirmation of continuous service and preservation of employment rights
6. Employment Terms and Conditions: Details of ongoing employment terms, including role, responsibilities, and reporting structure
7. Compensation and Benefits: Salary, bonuses, and benefits arrangements post-transfer
8. Social Security and Insurance: Arrangements for social security contributions and insurance coverage
9. Pension Arrangements: Treatment of pension rights and transfer of pension obligations
10. Outstanding Payments: Handling of accrued salary, bonuses, and other payments
11. Confidentiality: Obligations regarding confidential information
12. Data Protection: Handling of employee personal data during and after transfer
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. International Transfer Provisions: Additional provisions for cross-border transfers, including work permits and immigration requirements
2. Intellectual Property Rights: Transfer or retention of IP rights where employee has created IP
3. Non-Compete and Non-Solicitation: Restrictive covenants if applicable under Swiss law
4. Training and Development: Specific arrangements for ongoing training or development programs
5. Relocation Assistance: Terms of any relocation support if transfer involves geographical move
6. Company Property: Handling of company equipment, cars, or other assets
7. Working Time Arrangements: Special working arrangements or flexibility provisions
8. Language Requirements: Language provisions for international transfers or multilingual workplaces
1. Schedule 1: Current Employment Terms: Detailed summary of existing employment terms and conditions
2. Schedule 2: New Employment Terms: Detailed summary of employment terms post-transfer
3. Schedule 3: Benefits Summary: Comprehensive list of benefits and their treatment post-transfer
4. Schedule 4: Outstanding Entitlements: List of accrued benefits, vacation days, and other entitlements
5. Schedule 5: Position Description: Detailed description of the role and responsibilities post-transfer
6. Appendix A: Required Notices and Consents: Copies of required notices and employee consents
7. Appendix B: Data Protection Provisions: Detailed data protection and privacy provisions
8. Appendix C: Handover Plan: Timeline and responsibilities for employment transfer process
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