When an intern joins, the focus is often on introductions, training, and defining expectations. However, in the rush of the onboarding process, it’s important not to overlook the internship agreement. This document will help you to clarify the terms of collaboration and ensure that both you and the intern have a shared understanding of roles and responsibilities.  

What should you discuss before signing an internship contract? 

A productive internship starts with a discussion that shapes the key aspects covered in the contract. During this dialogue, it’s vital to discuss such points as: 

• Responsibilities that the intern has; 

• Expected duration and working schedule; 

• Salary amount, payment periodicity, and benefits; 

• Annual holiday entitlement; 

• Restrictions that apply to confidentiality, external work, and the use of company resources; 

• Termination conditions and modifications. 

Once you have achieved mutual understanding and agreement on these essential terms, you can sign the internship contract and start your cooperation.  

Is it possible to conclude an unpaid internship agreement? 

The contract for an internship can be non-remunerated when it primarily serves as a training opportunity, where the intern gains valuable skills and knowledge rather than performing essential work for the company. However, if a trainee carries out tasks similar to those of a regular employee and contributes directly to the company’s operations, relevant compensation should be applied. 

Please note that you should also consider the minimum wage requirements and ensure that the intern doesn’t receive compensation below the legally required amount. 

Can you terminate an internship contract? 

The internship agreement is usually concluded for a fixed period. This means that when you’re preparing the document you should specify not only the start date but also the date on which the agreement will automatically expire.  

The contract also contains information about the immediate dismissal. It happens when an intern fails to act in good faith, violates company policies, disregards confidentiality rules, or neglects the assigned responsibilities.  

Additionally, it’s possible to terminate the document by mutual consent. For example, if the employer and intern agree that the internship is no longer beneficial for either party.  

How should you write an internship contract? 

Using our online contract for an internship, the only thing you need to do is enter the necessary details, and the document will automatically adjust in real time based on your inputs. During the process, we encourage you to follow four key tips.  

Specify the responsibilities of an intern 

It’s better to include not just a job title but also the responsibilities a trainee will have. By providing a comprehensive overview of duties, you ensure transparency regarding expectations. As a result, the intern can fully understand the role and contribute more effectively. 

Define the working schedule 

If you want an intern to be available during certain days and hours (for example, Monday to Friday from 9 AM to 5 PM), your agreement must specify an attendance schedule. However, if the schedule is flexible, you can only include the total number of hours the intern is required to work. 

Ensure proper compensation and vacation entitlement 

As we have already mentioned, the compensation that the intern receives should comply with the minimum wage requirements in your canton. In addition to the salary itself, make sure to include the vacation entitlement, which must be at least four weeks for interns who work full-time.  

Please note that interns under the age of 20 are entitled to an additional week of vacation.  

Clarify confidentiality obligations 

An internship agreement that you will prepare with our builder includes a section that requires the trainee to protect the secrecy of all confidential information obtained during the internship. However, if you want to be even more specific, it’s possible to outline the strictly confidential details, as well as the period of confidentiality. Once these details are clearly defined, there is a higher level of protection for sensitive information. 

Prepare your internship agreement with a professionally drafted online contract  

Navigating legal requirements for an internship agreement can be complex. However, our online contract created by Swiss lawyers simplifies the overall process. With the pre-filled sections, there’s no need to stress about legal terminology or formatting. Just complete the required fields and download your agreement.  

The prepared document doesn’t need to be reviewed by legal professionals. So, you can use it immediately after creation.  

Whether you’re expanding your team, outsourcing some work to a freelancer, or negotiating a partnership, it’s likely that sensitive details will be shared. For sure, you may rely on verbal agreements. However, they aren’t enough to ensure proper protection of confidential information.  

To establish a secure and professional business relationship, signing an NDA is key. Luckily, with the right tool, the preparation of a non-disclosure agreement won’t take you much time. In this article, we want to provide you with all the information you need to create a professional document that will safeguard sensitive information.  

What is an NDA?   

A non-disclosure agreement is a legal document that is used to protect the details exchanged during professional interactions. Parties sign it to formalise their commitment to maintaining the confidentiality and safeguarding the details with the highest level of care.   

The standard duration for this agreement is two or five years. If the receiving party fails to uphold their confidentiality obligations within this timeframe, they will face the defined legal actions.  

Is legal guidance required to prepare a simple non-disclosure agreement?  

Instead of spending time and money on legal consultations, you can rely on an online NDA that works the same way as the one prepared by a lawyer.  

Online contracts only require you to provide the necessary information. In the case of an NDA, you just have to fill in the key details, such as the names of the parties, the scope of confidentiality, the timeframe, etc. The document will adapt in real time, ensuring that it is properly formatted and compliant.  

How to fill out an NDA?  

Preparing an effective NDA requires completing five steps.   

Step 1: Include the details regarding the parties entering the agreement  

The NDA preparation usually starts with specifying the titles (or legal forms), full names, and addresses of the parties. Here, it’s important to ensure that all parties are correctly identified, as any mistakes could lead to disputes or challenges in enforcing the agreement.  

Step 2: Clarify the timeframe  

Once the parties’ details are in place, you can come to the next section in which you should define the start date of the agreement and the period during which confidentiality will be maintained.   

Generally, it’s possible to set a period of up to 10 years. However, if you are dealing with less valuable information, it’s better to set a shorter duration, like 3 or 6 months.   

Step 3: Specify the confidential details  

At this point, we encourage you to be as specific as possible. In addition to sensitive details related to your customers, partners, intellectual property, and finances, you can also include other data that could impact your business operations and should be safeguarded under this agreement.  

Step 4: Outline the confidentiality duties  

After that, take some time to decide whether to allow the person to use the shared details internally, such as for research, or to restrict its use.   

Additionally, in this document section, you can prohibit the recipient from engaging in any activities that directly compete with your business. This ensures that they won’t use the shared details for their own benefit or to support a competitor.  

Step 5: State the liability  

The last point you should cover in an online contract is what actions will be taken if there is a breach. Here, you can specify whether the person who violated the agreement should compensate for actual damages or pay a set penalty that might be higher than the actual loss.  

How long is your NDA applicable?   

In Switzerland, there is no restriction on the duration of a non-disclosure agreement. However, we encourage you to set a confidentiality period that doesn’t extend beyond 10 years.   

If the agreed duration expires but sensitive information remains relevant, you can negotiate an extension in a separate agreement.  

How to make an NDA legally binding?  

As soon as your NDA is prepared, ensure that it meets 5 main criteria to be legally binding:  

• It clearly states which information is considered confidential.  

• It includes a duration that isn’t indefinite.  

• It outlines permitted disclosures.  

• It specifies clear liability for breaches.  

• It is signed by both the provider and recipient of confidential details.  

Please note that Swiss legal regulations change from time to time. Consequently, before using an online contract template, it’s important to verify that it reflects the most recent changes in Swiss law.   

Prepare your NDA with professionally drafted online contracts  

As you are now equipped with all the information you need about an NDA, you can start creating it using our contract template.   

We have simplified the process so that you can prepare a comprehensive document in just a few minutes, without any legal complexities. With our non-disclosure agreement, you don’t have to worry about forgetting important details or overlooking essential legal requirements, as our lawyers have structured it to intuitively guide you through the process.   

Any Swiss or foreign company that dismisses an employee employed in Switzerland must comply with the following rules: 

1. Notice of termination is strictly regulated by law. 

2. Abuse of a fixed-term contract may result in its requalification as a permanent contract. 

3. In addition to the duration of the notice, there are questions about the form of notice, how it is received and the grounds for dismissal. 

4. Employees are protected against dismissal in certain cases, such as illness or pregnancy, and for fairly long periods. 

5. Dismissal may be wrongful, even if the legal time limit is respected, and the employer may therefore be held liable. 

Human resources professionals who draw up contracts and deal with employee complaints, whether they work in-house for the company or as external consultants, are also affected. 

What’s more, private individuals who hire household staff, such as domestic help, nannies or gardeners, also need to be aware of the applicable legal regime and the associated risks. 

Main Legal Rules Regarding Termination of Open-Ended Contracts in Switzerland

In this section, we will look at the main rules to be observed when terminating a permanent contract under Swiss law: 

• Minimum termination leave does not apply during the probationary period, with shorter leave often stipulated during the probationary period. 

• Open-ended contracts can be terminated with the minimum leave prescribed by law, but longer leave can be agreed by the parties. 

• The same leave must apply to two parties. Where the parties stipulate different leave entitlements for the employer and the employee, the longer of two applies for both parties. 

• Termination leave only takes effect for the end of the month in which the last day of leave falls. For example, a one-month notice of termination served on 15 July will end the contract for 31 August. 

• The minimum notice of termination set by law depends on the employee’s length of service: 
  • Except for the trial period, this leave is one month. 
  • It is 2 months from the 2^nd year of service. 
  • It is 3 months from the 10^th year of service. 

• Leave may be given verbally, unless otherwise stipulated in the contract. 

• The employer is not obliged to give the reason for dismissal, unless the employee requests it. In this case, the reason must be communicated in writing. 

• In the event of the employee’s illness or accident occurring during the termination period, the dismissal leave given by the employer is suspended, but not the resignation leave given by the employee. 

• In certain cases such as illness, accident or pregnancy, the employee is protected against dismissal for a certain minimum period, and thus cannot be dismissed. Thus, if the illness occurred before, a dismissal leave cannot be notified during a protection period, up to: 
  • 30 days during the first year of service. 
  • 90 days from the 2^nd to the 5^th year of service. 
  • 180 days from the 6^th year of service. 

• In certain other cases, a dismissal may be considered unfair, leading to the employer’s liability, even if the time limit is respected. 

• The possibility of immediate dismissal in exceptional circumstances is reserved. 

Please note: although fixed-term contracts do not require notice of termination to expire at the agreed date, there are exceptions: 

• If a chain of fixed-term contracts is concluded in such a way as to deprive the employee of his rights, in an abusive manner, a requalification as a permanent contract by the judge is possible. 

• In addition, a fixed-term contract tacitly renewed by the parties becomes an open-ended contract. 

Now that you have familiarised yourself with the main rules governing termination of a permanent contract, here are some recommendations to help protect you as an employer: 

• If you enter into successive fixed-term contracts with the same employee, make sure you can justify this approach on the basis of objective needs. 

• Don’t forget to stipulate a trial period for new employees, with a greatly shortened leave period, which you can choose from our sample employment contracts. 

• Pay close attention to the notice periods, the form of notice agreed in the contract, and ensure that the employee has received it (e.g. by sending the duplicate by email or delivered by hand) and keep any written records for the good order of the file. 

• If necessary and possible, agree an amicable termination with the employee, even if you respect the leave entitlement. This allows you to settle any other questions about salary, bonus, expenses, holiday and overtime compensation, as well as any monetary claims by either party. 

In just 3 minutes and for just CHF 69 per template, you can have your own personalised employment contract, drafted in real time and ready to sign. 

The trial period applies to all companies, whether Swiss or foreign, employing staff in Switzerland. This period is subject to major restrictions for all of the following reasons: 

1. Because there are situations in which other means must be used instead of the trial period. 

2. Because the trial period allows not only the employer to assess the employee’s skills, but also the employee to terminate the contract prematurely if he or she is not satisfied, and the time limits are equal for both parties. 

The legal rules surrounding the probationary period in Switzerland are crucial for human resources professionals who have to draw up contracts and deal with employee complaints, whether they work in-house at the company or as external consultants. 

It’s also worth noting that private individuals who hire household staff (cleaners, nannies, gardeners), especially as the legal regime doesn’t change compared with a large company, so you have the same risks and needs. 

Main legal rules regarding the probationary period in Switzerland

As far as the legal rules governing the trial period in Switzerland are concerned, here are the main ones: 

• The trial period in an open-ended contract (CDI) is one month, unless otherwise stipulated by the parties, but may never exceed 3 months. Thus, the absence of information on the trial period in the contract results in a trial period of one month by law. 

• In a fixed-term contract (CDD), the law only sets a maximum of 3 months for the trial period, but it must be provided for contractually. Otherwise, no statutory trial period applies. 

• The trial period only applies to new employees or, very exceptionally, to those promoted to a position requiring significantly altered responsibilities, again justifying a trial period. On the other hand, it is not possible to apply a trial period to a freelancer who has become an employee for the same tasks, or for an open-ended contract concluded subsequently to an old fixed-term contract. 

• The trial period is suspended and extended when the employee is absent due to illness, accident or the fulfilment of a legal obligation, but no extension applies due to holidays taken during the trial period. 

• During the trial period, the contract may be terminated without cause, by either party, with 7 calendar days’ leave. The parties may, however, provide for no leave, shorter leave or longer leave. 

• It is also possible to dismiss an employee who is pregnant, ill or unable to work during the trial period. 

• However, and in exceptional circumstances, dismissal during the probationary period may be considered unfair, as the purpose of the probationary period must be taken into account. 

To optimise working relationships, we recommend that you follow the recommendations below: 

• When taking on a new employee, consider agreeing a 3-month trial period or using a fixed-term trainee contract for a longer period, which frees you from the obligation to continue the employment relationship if you are not satisfied. 

• If you are not at all sure of the candidate’s abilities, particularly if they have no professional experience, give priority to a trial contract to assess their skills without any commitment. 

• If you are promoting an employee, consider carefully whether a further trial period is justified by exceptional circumstances. If you’re not sure, it’s best to agree with the employee to end their existing contract and enter into a fixed-term contract for a new position. 

• Also consult the UNIA website to find out whether there is a CLA with specific rules on probationary periods: https://www.service-cct.ch/ 

• Don’t miss the deadline for giving notice of termination during the trial period. After the last day of the trial period, the notice of termination will be at least 1 month for the end of the month in a permanent contract, and the fixed-term contract will have to be respected until its end. 

In just 3 minutes and for just CHF 69 per template, you can have your own personalised employment contract, drafted in real time and ready to sign. 

Any Swiss or foreign company employing staff in Switzerland must give them holiday entitlement, taking into account all of the following points: 

1. Holidays must be paid for, which can mean a sudden additional cost for untaken holidays over several years. 
2. In addition to equivalent pay, compensation may be payable in the event of non-compliance. 
3. Holiday entitlement is monitored by the competent authorities. 
4. Holidays must be taken in full within a year and up to the last day of work in the event of dismissal, even if the employee refuses to take them in full. 
5. Holiday pay is also subject to contributions and tax, where applicable. 

Human resources, both internal and external to the company, play a crucial role in drawing up employment contracts and handling employee complaints. 

Among others, private individuals who employ domestic staff (cleaning, nannies, gardeners) are also affected by this issue, as they must grant a minimum amount of paid leave even for part-time, irregular or hourly workers. 

Principal rules on vacations 

The following is a list of the main legal rules on minimum paid holidays for employees in Switzerland. Here are the main points to bear in mind: 

• All employees are entitled to a minimum of 4 weeks’ paid holiday per year. This increases to 5 weeks for employees under the age of 20. 
• Most collective labour agreements provide for 5 weeks’ holiday for staff who have reached the age of 50 or who have worked for the same employer for 20 years. 
• In the case of part-time work, holiday entitlement is reduced proportionately. For example, a 100% employee working 5 days a week is entitled to 20 working days’ holiday (plus Saturdays and Sundays), while an 80% employee working 4 days a week is entitled to 16 working days’ holiday per year. 
• Holidays may not be compensated in cash, subject to the holidays remaining on the days of dismissal or resignation. In particular, the employer may refuse to allow the employee to take all of his holiday during the termination leave for just reasons and legitimate business needs. 
• An illness or accident that does not allow you to rest during your holiday does not count as holiday taken. 
• National or cantonal public holidays do not count as holidays. 
• Holidays are agreed between the employer and the employee, but the employee is entitled to at least 2 consecutive weeks’ holiday. In addition, the employer will take into account the employee’s particular needs and will generally grant holidays during school holidays if the employee has children, or the right for spouses working in the same company to take holidays at the same time. On the other hand, employees may be obliged to take holidays during periods when the company is closed. 
• During holidays, the full salary must be paid. In addition, salary supplements must be paid, including the variable salary to be paid proportionally. This is based on the average salary paid over the last 12 months. 

In this final section, we’ll give you some recommendations on how best to manage minimum paid holidays for employees in Switzerland. Here are our tips: 

• Take into account the employee’s age and family situation. 
• Also consult the UNIA website to find out if there is a CLA providing for higher holidays than the law: https://www.service-cct.ch/ 
• Carefully record hours worked, sick leave, absences, holidays, public holidays and any other payroll information. 
• Use our staff regulations template to set out the general holiday plan, the deadline for requesting holidays, their duration and other essential points to protect you.  

• Or negotiate holiday conditions with full rights and restrictions for each employee separately, taking into account their personal situation and workstation.

This applies to any Swiss or foreign company employing staff in the Cantons with a legal minimum wage or where the minimum wage is provided for in a collective labour contract (CCT) or standard labour contract (CTT) for certain types of employee and economic sectors. 

Any Swiss or foreign company employing staff in these cantons is therefore obliged to respect the legal minimum wage. What’s more, even if the employment contract makes no mention of it, employees have the right to claim what they are owed, and the authorities can impose fines on companies that fail to meet this obligation. It is therefore essential to comply with the regulations in force to avoid damaging financial and reputational consequences. 

Minimum wage legislation in Switzerland is a matter for the cantons, and there is currently no minimum wage set by federal law. However, five cantons have introduced a statutory minimum wage for all types of employees working on their territory: Geneva, Neuchâtel, Jura, Ticino and Basel-Stadt. 

Human resources, both internal and external to the company, play a crucial role in drawing up employment contracts and handling employee complaints. Private individuals who employ household staff are also concerned, provided that these employees can be classified as employees rather than self-employed. 

Main legal rules 

The minimum wage applicable in Switzerland is governed by the following rules:  

1. The absence of a federal minimum wage: As mentioned above, each canton reserves its own minimum wage legislation. 
2. Exceptions: Certain types of employees, such as minors, apprentices, volunteers and trainees in vocational training, are not covered by the minimum wage obligation. 
3. Elements included in the determining salary : In addition to the normal salary, all economic benefits or benefits in kind received by the employee must be taken into account. These include residence allowances, bonuses, seniority gifts, tips, service charges and many others. 

Bonus point: What constitutes a decisive salary? 

In addition to the normal salary, the following elements must be taken into account: 

• Any economic benefit or benefit in kind received by the employee, including residence allowances, gratuities, seniority gifts, tips or service charges, etc. 
• 13th salary. 
• Holiday pay for hourly-paid staff. 

However, amounts paid as salary supplements, such as compensation for night work, Sunday work, overtime or extra pay for overtime, are not taken into account. 

If you hire low-paid staff 

1. Consult the website of the Canton in which the employee must work regularly if that Canton has a legal minimum wage. 
2. You can also consult the UNIA website to find out whether there is a CLA providing for a minimum wage by sector: https://www.service-cct.ch/ 
3. If possible, opt for a remote employment contract for a cross-border employee or an employee who lives in another canton that does not have a statutory minimum wage.

4. Check legislative changes once a year and adjust your salary and contract regularly. 

If you are starting a new business, working in another canton or hiring staff for new tasks and responsibilities 

In this case, you should check whether a minimum wage applies. 

In just 3 minutes and for just €10 per template, you can have your own personalised employment contract, drafted in real time and ready to sign.