On this page, we provide you with an overview of the most important aspects of an Employee Gift Agreement in Switzerland, including the elements to be taken into account when drawing up the agreement.
Subsequently, we will provide you with a legally compliant template of an Employee Gift Agreement under Swiss law.
… you offer goods or products free of charge to your employees
… your customers or suppliers leave goods or products that you want to gift to your employees
… you want to ensure that your employees do not re-sell the gift
Under an employee gift agreement, an employer transfers assets (gifts) free of charge to employees. In practice, these gifts are usually vouchers or other benefits from the employer. It also often happens that customers and suppliers of the employer leave goods or products, such as promotional items, to the employees.
The risk that employees then re-sell these goods or products on online marketplaces, for example, must be taken into account. This could cause reputational damage to the employer or its customers or suppliers, especially in the case of high-value products.
To prevent this, non-transfer provisions are often included in gift agreements. These provisions restrict employees from selling, donating or otherwise transferring the goods or products they have received to someone else.
Furthermore, the value of such gifts should generally not exceed CHF 500 in individual cases. The reason for this is that gifts (which include vouchers, goods, products, etc.) above a value of CHF 500 must generally be declared as a salary component in the salary statement.
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