Template: Sending the Employment Contract

Use this template to formally send a signed employment contract to a new hire. Specify the start date, Pensum percentage, and location. Note that Swiss law requires contracts in writing; verbal agreements are not binding. Confirm receipt and request signature within a defined timeframe.

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Sending an employment contract marks the formal beginning of the employment relationship. In Switzerland, the contract must be in writing to be legally valid. This template ensures clarity on key terms and creates a clear record for both parties.

Adapt the template to your canton's norms and your company's structure. Always include Pensum (%), location, and salary in CHF. If a collective labour agreement (GAV/CCT) applies, reference it explicitly.

Template Text

Dear [Candidate Name], We are pleased to confirm our offer and enclose the employment contract for the position of [Job Title] at [Company Name], effective [Start Date]. Please review the enclosed document carefully. The contract covers the key terms: Pensum [X]%, location [Canton/City], gross annual salary CHF [Amount], and relevant benefits. If a sector-wide collective agreement applies, the terms are noted in the contract. Please sign both copies, date them, and return them to [Your Name] by [Date — typically 5–7 working days]. We will counter-sign and send one copy back to you for your records. Should you have any questions about the terms, please contact me before signing. Best regards, [Your Name] [Title] [Company] [Contact details]

Save this text and replace placeholders in brackets. Attach the signed contract as a PDF or Word document. Send via email with read receipt where possible.

  • Include Pensum (e.g. 100%, 80%) to avoid future disputes.
  • State the start date in full (e.g. '1 January 2025').
  • Specify gross annual salary in CHF and payment frequency (monthly/13th month if applicable).
  • Name the location and canton (affects tax filing and labour law jurisdiction).
  • If a GAV/CCT applies in your sector, name it or attach a summary.
  • Set a clear deadline for return (5–7 working days is standard).

Legal Essentials

Swiss employment law (Code of Obligations, SR 220) requires a written contract for any employment relationship. Oral agreements are not valid. The contract must cover duration (probation, fixed-term, or indefinite), salary, Pensum, and location.

Probation periods in Switzerland are typically 1–3 months and must be stated in the contract. Both parties may terminate during probation with 7 days' notice (or as stated in the contract). After probation, notice periods are usually 1 month to the 15th or end of a month.

  • Contract must be in writing and signed by both parties to be binding.
  • Include probation period (if any) and associated notice terms.
  • State notice periods for both parties clearly.
  • Mention any non-compete clauses (these are valid in Switzerland but must be reasonable in scope and duration).
  • Reference any applicable GAV/CCT, pension scheme, or group insurance.
  • Confirm whether source tax (Quellensteuer) applies (relevant for non-Swiss residents).

Follow-Up and Records

Once signed, store both copies securely—one in your employment file, one for the employee. Retain the contract for the duration of employment plus at least five years after termination, as Swiss law and cantonal tax authorities may require proof of terms.

If the candidate does not return the signed contract by the deadline, send a polite reminder after 3 working days. If still unsigned after 10 days, clarify whether there are concerns or whether the candidate has decided not to proceed.

  • Keep one original signed copy in a secure personnel file.
  • Retain contracts for a minimum of 5 years after employment ends.
  • Note the date received and signed on your copy.
  • Send a brief confirmation email once you receive the signed contract back.
  • If amendments are needed after initial draft, issue a new version and ask both parties to initial changes.
  • Do not start employment until the contract is fully signed by both parties.

Frequently asked questions

Does the contract need to be printed and posted, or can it be signed electronically?
Swiss law accepts electronically signed contracts (qualified digital signatures under SR 943.1 SCSE). Most employers and candidates now use email with scanned signatures or platforms like DocuSign. Ensure both parties retain a copy. If in doubt, consult your cantonal labour office or a legal advisor.
What if the candidate wants to change terms after receiving the contract?
If changes are minor (salary, start date, Pensum), issue a revised contract or signed amendment letter confirming the change, dated and signed by both parties. If changes are substantial, reissue the full contract. Do not allow unsigned verbal modifications; all changes must be documented.
Do I need to send the contract before or after the candidate has given notice to their current employer?
It is customary to send the contract after a verbal agreement but before the candidate formally resigns from their current role. This protects both parties. However, the legal employment relationship begins only when the contract is signed. Clarify the intended start date and allow time for the candidate to work out their notice period.

General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.

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