Tips for drawing up an individual employment contract
The individual employment contract establishes a private-law relationship between an employer and an employee and can be concluded for a limited or unlimited period.
However, both sides have to have the will to do so.
In general, there is a personal dependence of the employee on the employer. In other words: The employee must integrate into the work organization of the employer and is bound by the latter’s instructions. Employees are obligated to carry out the work given to them with due care.
An employment contract has no stipulated form, meaning it can be concluded orally, in writing, or through conclusive conduct.
By law, the employer must inform the employee in writing regarding the following points (Art. 330b of the Swiss Code of Obligations) by no later than one month after the employment commences, provided the employment relationship was entered into for an indefinite period of time or for more than one month::
- The names of the contractual parties;
- The date on which the employment relationship starts;
- The function of the employee:
- The salary and any salary supplements;
- The time worked weekly.
Here, you'll find an example of how such a written employment contract might look.