The Expatriate Contract Of Employment is essential for companies moving employees internationally to or from Switzerland. It serves as the primary legal document governing the employment relationship during an international assignment, ensuring compliance with Swiss employment law while addressing the complex needs of international assignments. This contract type is typically used when an employee is temporarily relocated for a period usually ranging from 1-5 years, requiring specific provisions for relocation, housing, tax equalization, and eventual repatriation. The document must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and Federal Act on Foreign Nationals and Integration, while incorporating international employment best practices and specific expatriate benefits and protections.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship, including the purpose of the expatriate assignment
3. Definitions: Key terms used throughout the agreement, including specific expatriate-related terminology
4. Position and Duties: Job title, role description, reporting lines, and key responsibilities
5. Term and Location: Duration of the assignment, place of work, and any mobility requirements
6. Compensation and Benefits: Base salary, bonuses, expatriate allowances, and benefits package
7. Working Hours and Leave: Working schedule, overtime provisions, vacation entitlement, and public holidays
8. Relocation Support: Moving assistance, temporary accommodation, and settlement support
9. Tax and Social Security: Tax treatment, social security arrangements, and any tax equalization policies
10. Insurance Coverage: Health insurance, accident insurance, and other mandatory/supplementary coverage
11. Expenses: Business expense reimbursement and expatriate-specific expense policies
12. Termination: Notice periods, grounds for termination, and early termination of assignment provisions
13. Repatriation: End of assignment arrangements and return conditions
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
15. Data Protection: Handling of personal data and cross-border data transfers
1. Intellectual Property: IP rights and obligations, used when role involves creation of IP
2. Non-Competition: Post-employment restrictions, typically for senior roles or specialized positions
3. Education Allowance: Support for children's education, included when expatriate relocates with family
4. Spouse Support: Assistance for spouse's career/settlement, relevant for family relocations
5. Performance Incentives: Additional bonus schemes, typically for management positions
6. Emergency Evacuation: Procedures for political/medical emergencies, relevant for certain locations
7. Split Payroll: Arrangement for salary payment in multiple currencies/countries if applicable
8. Training and Development: Specific development opportunities during assignment
9. Language Training: Language course support where relevant to location/role
10. Home Leave: Provisions for periodic visits to home country, for long-term assignments
1. Schedule 1 - Compensation Details: Detailed breakdown of salary components, allowances, and benefits
2. Schedule 2 - Relocation Package: Specific entitlements and conditions for relocation support
3. Schedule 3 - Benefits Summary: Detailed description of all benefits and insurance coverage
4. Schedule 4 - Tax Equalization Policy: Detailed tax treatment and calculation methodology
5. Schedule 5 - Expense Policy: Detailed rules for expense claims and reimbursement
6. Appendix A - Job Description: Detailed description of role and responsibilities
7. Appendix B - Company Policies: Key company policies applicable to expatriate employees
8. Appendix C - Immigration Requirements: Summary of visa and permit requirements and processes
9. Appendix D - Emergency Contacts: List of key contacts for various situations and support needs
10. Appendix E - Assignment Location Information: Key information about the host location and facilities
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