The Marketing Manager Contract is essential for companies operating in Switzerland who wish to formally engage marketing professionals in management positions. This contract template is designed to comply with Swiss employment law, particularly the Swiss Code of Obligations (CO) and relevant labor regulations. It should be used when hiring or promoting someone to a marketing management position, ensuring clear definition of responsibilities, compensation structures, and performance expectations. The document includes comprehensive provisions for modern marketing roles, covering both traditional and digital marketing responsibilities, data protection compliance, intellectual property rights, and standard employment terms. It's particularly relevant for organizations requiring sophisticated marketing operations and helps establish clear guidelines for marketing strategy execution while protecting both employer and employee interests under Swiss law.
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1. Parties: Identification of the employer company and the marketing manager
2. Background: Brief context of the employment relationship and the marketing manager position
3. Definitions: Key terms used throughout the contract
4. Position and Duties: Detailed description of the role, responsibilities, and reporting structure
5. Term and Notice Period: Duration of employment and notice requirements for termination
6. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location
7. Compensation: Base salary, payment schedule, and method of payment
8. Benefits and Insurance: Mandatory Swiss social security, pension, and insurance benefits
9. Vacation and Leave: Annual leave entitlement and public holidays
10. Confidentiality: Protection of company confidential information and trade secrets
11. Intellectual Property: Ownership and rights to marketing materials and creative works
12. Data Protection: Compliance with Swiss data protection laws in marketing activities
13. Non-Competition: Post-employment restrictions on competing activities
14. Termination: Grounds for termination and procedures
15. Governing Law: Application of Swiss law and jurisdiction
16. Signatures: Execution blocks for both parties
1. Probationary Period: Include if a trial period is desired (max 3 months under Swiss law)
2. Performance Bonus: Include if the role includes variable compensation based on performance
3. Company Car: Include if a company vehicle is provided
4. International Travel: Include if role requires significant international travel
5. Home Office Arrangements: Include if remote work is permitted
6. Training and Development: Include if specific professional development provisions are offered
7. Share Options: Include if equity participation is offered
8. Representation Authority: Include if manager has authority to represent company
9. Social Media Policy: Include if role involves managing company social media
10. Budget Responsibility: Include if role includes managing marketing budget
1. Schedule 1: Job Description: Detailed marketing manager responsibilities and duties
2. Schedule 2: Compensation Structure: Detailed breakdown of salary, bonus calculations, and benefits
3. Schedule 3: KPIs: Key performance indicators and targets
4. Schedule 4: Marketing Budget Authority: Spending limits and approval processes
5. Schedule 5: Company Policies: Relevant marketing, social media, and brand guidelines
6. Appendix A: Benefit Details: Comprehensive description of all benefits
7. Appendix B: Expense Policy: Guidelines for business expense claims
8. Appendix C: Confidential Information: Specific types of confidential information in marketing context
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