Consultancy Agreement Swiss Law


    The solution to this one negative aspect of Swiss law for an advisor may be what is called a partial choice. In the event of a partial choice of law, one or more parts of a treaty are subject to another legal order. For example, the contract is usually governed by Swiss law, but an exception is made for termination and its consequences, which are subject to the laws of England and Wales (which gives the parties greater freedom as to terminate an advisory contract). • during the provision by the other party of Swiss military service, civil protection, military service for women or the Red Cross and, if this service lasts more than twelve days, during the four weeks preceding and following the service; • during a period of protected sick leave (if the worker is totally or partially prevented from performing his work due to illness or accident), 30 days in the first year of service, 90 days from the second year to the fifth year of service and 180 days from the sixth year of service; • during pregnancy and during the 16 weeks following birth; • during the worker`s participation with the employer`s agreement with a foreigner. Swiss legislation on obligations provides for the possibility of terminating the mandate at any time (Article 404(1) OR). This provision is mandatory in nature, which any other party agreement (z.B. the fixed duration of a consulting contract). In 2019, Parliament rejected a proposal to reform this controversial legislative provision (Motion Barthassat). Under Swiss law, a mandate contract can be terminated at any time. The relevant legislation is mandatory, i.e. the fixed duration of a mandate (e.g. .B. advisory contract) does not matter.

    However, in the case of cross-border contracts, it is possible to circumvent this problem by subjecting the termination of the Treaty and its consequences to another right. In this context, we are talking about a partial choice of law. This possibility can even be extended to purely national contracts by introducing an arbitration agreement. An advisor can thus ensure the longevity of his mandate by developing his contract proactively and meticulously. To do so, it must make use of the possibilities offered by private international law and arbitration. Overall, Swiss law does not offer sufficient protection to advisers who want to protect the duration of their mandate. The question therefore arises as to whether an adviser should not subject his contract as a consultant to another law that deals less freely with the revocability of mandates. • a foreign investment company (e.g. B, agency, consultant) may not place staff on the premises of a Swiss client; • a Swiss work recovery company can only be attached to staff on the premises of a Swiss end-user customer if it is in possession of a valid Swiss work rental permit; and • a Swiss company may not use a foreign investment services company to provide personnel. . . .