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Employment Agency Contract for Switzerland

Employment Agency Contract Template for Switzerland

This document establishes the legal framework for employment agency services in Switzerland, governed by the Federal Act on Employment Services and the Hiring of Services (AVG) and related Swiss legislation. It defines the relationship between an employment agency and a client company, covering temporary staffing services, recruitment processes, compliance requirements, and operational procedures. The agreement includes comprehensive provisions for worker placement, fee structures, liability allocation, and regulatory compliance, while ensuring adherence to Swiss federal and cantonal employment laws, social security requirements, and data protection regulations.

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What is a Employment Agency Contract?

The Employment Agency Contract is essential for businesses operating in Switzerland that engage temporary workers through staffing agencies. This document is required under Swiss law, particularly the Federal Act on Employment Services and the Hiring of Services (AVG), and establishes the legal and operational framework for temporary staffing arrangements. It's used when a company needs to formalize its relationship with an employment agency for temporary staffing services, ensuring compliance with Swiss federal and cantonal regulations. The contract covers crucial aspects such as service scope, worker rights, payment terms, regulatory compliance, and risk allocation. It's particularly important given Switzerland's strict employment laws and the need to clearly define responsibilities in the triangular relationship between agency, client, and temporary workers.

What sections should be included in a Employment Agency Contract?

1. Parties: Identification of the contracting parties - the employment agency and the client company

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including 'Temporary Workers', 'Services', 'Assignment', etc.

4. Scope of Services: Detailed description of recruitment and placement services provided by the agency

5. Agency Obligations: Agency's responsibilities including worker screening, compliance with employment laws, and maintaining necessary licenses

6. Client Obligations: Client company's responsibilities regarding worker treatment, workplace safety, and payment terms

7. Worker Status and Rights: Classification of workers' employment status and their rights under Swiss law

8. Fees and Payment Terms: Service fees, payment schedule, and any additional charges

9. Compliance Requirements: Obligations under Swiss employment law, social security, and insurance requirements

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Handling of personal data in compliance with Swiss data protection laws

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Term and Termination: Duration of agreement and conditions for termination

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

What sections are optional to include in a Employment Agency Contract?

1. International Placements: Additional provisions for cross-border worker placements, used when the client requires international recruitment

2. Industry-Specific Requirements: Special provisions for regulated industries (e.g., healthcare, financial services), included when placing workers in these sectors

3. Training and Development: Provisions for worker training and skill development, included when the agency provides these services

4. Performance Guarantees: Specific guarantees regarding worker quality and replacement provisions, used for specialized or senior placements

5. Exclusivity Arrangements: Terms for exclusive recruitment arrangements, included when parties agree to exclusive partnership

6. Insurance Requirements: Additional insurance requirements beyond statutory minimums, used for high-risk industries or special circumstances

7. Non-Solicitation: Restrictions on direct hiring of temporary workers, included when agreed between parties

What schedules should be included in a Employment Agency Contract?

1. Schedule 1 - Fee Structure: Detailed breakdown of agency fees, markup percentages, and payment terms

2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3 - Standard Terms of Assignment: Template terms for individual worker assignments

4. Schedule 4 - Compliance Checklist: Checklist of regulatory requirements and necessary documentation

5. Schedule 5 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law

6. Appendix A - Required Forms: Standard forms for worker registration, time sheets, and assignment confirmations

7. Appendix B - Insurance Certificates: Copies of required insurance policies and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions



































Clauses

































Relevant Industries

Manufacturing

Information Technology

Healthcare

Financial Services

Construction

Hospitality

Retail

Professional Services

Logistics

Education

Engineering

Administrative Services

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Finance

Risk Management

Contract Administration

Relevant Roles

HR Director

Legal Counsel

Procurement Manager

Operations Manager

HR Business Partner

Talent Acquisition Manager

Compliance Officer

Finance Director

Department Managers

Project Manager

Risk Manager

Workforce Planning Manager

Contract Administrator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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