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Independent Contractor Employment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Independent Contractor Employment Agreement

"I need a Swiss-law Independent Contractor Employment Agreement for a senior software developer who will be working remotely from Zurich on our fintech platform starting March 2025, with specific provisions for source code ownership and access to our banking systems."

Document background
The Independent Contractor Employment Agreement serves as a crucial legal framework for establishing professional service relationships under Swiss law. This document is essential when engaging external professionals or consultants who will provide services while maintaining their independence from the company's regular employment structure. It addresses key requirements under Swiss legislation, including the Swiss Code of Obligations and social security regulations, while clearly defining the independent nature of the relationship to avoid misclassification risks. The agreement covers essential elements such as service scope, compensation, intellectual property rights, data protection, and confidentiality, making it suitable for various professional services across different industries. This document is particularly important in Switzerland's business environment, where independent contracting is common and subject to specific legal and regulatory requirements.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the independent contractor

2. Background: Context of the agreement and confirmation of independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the contractor

5. Term and Termination: Duration of the agreement and termination provisions

6. Compensation and Payment Terms: Fee structure, payment schedule, and expense reimbursement

7. Independent Contractor Status: Clear statement of independence and contractor's responsibilities for taxes and social security

8. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: Compliance with Swiss data protection laws and data handling procedures

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

12. Insurance: Required insurance coverage to be maintained by the contractor

13. Governing Law and Jurisdiction: Application of Swiss law and jurisdiction for disputes

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when contractor has access to sensitive information or clients

2. Non-Solicitation: Restrictions on soliciting employees or clients, used to protect company relationships

3. Equipment and Resources: Provisions regarding company-provided equipment, needed if company provides tools or resources

4. Performance Metrics: Specific KPIs or quality standards, useful for complex or long-term projects

5. Subconstracting: Terms for engaging subcontractors, included if subcontracting is permitted

6. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term or critical services

7. Assignment: Rights to assign the agreement, included if relevant to business context

8. Compliance with Specific Regulations: Additional regulatory requirements specific to industry or service type

Suggested Schedules

1. Schedule A - Services Description: Detailed scope of work, deliverables, and technical specifications

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule C - Service Levels: Performance standards, metrics, and quality requirements

4. Schedule D - Data Processing Agreement: Detailed data protection and processing requirements under Swiss law

5. Schedule E - Code of Conduct: Company policies and standards applicable to contractors

6. Appendix 1 - Insurance Requirements: Specific insurance types and coverage amounts required

7. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable

Authors

Alex Denne

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

Relevant legal definitions





































Clauses





























Relevant Industries

Information Technology

Professional Services

Management Consulting

Creative Industries

Engineering

Healthcare

Education and Training

Financial Services

Marketing and Communications

Construction

Research and Development

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Information Technology

Risk and Compliance

Business Development

Relevant Roles

Consultant

Software Developer

Project Manager

Business Analyst

Graphic Designer

Technical Architect

Marketing Specialist

Training Specialist

Financial Advisor

Engineering Consultant

Research Analyst

Content Creator

IT Security Specialist

Management Advisor

UX/UI Designer

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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