Employment law

Arbitration agreement 1. [Employer] and [Employee], whose employment relationship ended on [date], agree to submit any dispute arising out of or in connection with that employment relationship, in particular claims for salary, overtime, holidays, end-of-contract indemnities, wrongful or immediate dismissal, employment certificate and prohibition of competition, to a final arbitration through the CONCORDA platform (www.concorda.ch), to the exclusion of the ordinary state courts. 2. The arbitration is conducted in accordance with the CONCORDA Arbitration Rules in force at the time proceedings are commenced, which form an integral part of this agreement. The parties expressly exclude the application of Chapter 12 of the Federal Act on Private International Law (PILA), in accordance with article 176 paragraph 2 thereof, and submit the proceedings exclusively to Swiss domestic arbitration (art. 353 et seq. CPC). The arbitral tribunal is composed of a sole arbitrator. The seat of the arbitration is at Monthey. The language of the proceedings is French. The award is final and constitutes an enforceable title (art. 387 CPC), the remedies before the Federal Supreme Court remaining reserved (art. 389 et seq. CPC). 3. The parties confirm that this agreement is concluded more than one month after the end of the employment relationship (art. 341 para. 1 CO). 4. The parties agree that, at the request of a party, the arbitral tribunal may provide in its award that the party which fails to comply within the fixed time limit shall pay the other party a penalty per period of delay, the amount of which the arbitral tribunal fixes on an equitable basis according to the circumstances, without it being able to exceed a rate of 10 % of the amount in dispute per year, calculated pro rata temporis. This penalty is due irrespective of any loss (art. 161 CO); art. 163 para. 2 and 3 CO remains reserved.