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Independent Employment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Independent Employment Agreement

"I need an Independent Employment Agreement for a senior software developer contractor based in Zurich who will be working remotely on our fintech project starting March 2025, with specific provisions for data protection and source code ownership."

Document background
The Independent Employment Agreement is essential for companies operating in Switzerland who engage independent contractors for specific projects or ongoing services. This document is crucial for establishing a clear distinction between independent contractors and regular employees, which is particularly important under Swiss law. The agreement complies with the Swiss Code of Obligations and relevant social security legislation, while addressing key aspects such as service scope, compensation, intellectual property rights, and confidentiality. It should be used when engaging professionals who will provide services independently, maintaining their own business structure and working methods, while not being integrated into the company's regular workforce. The agreement is designed to protect both parties' interests while ensuring compliance with Swiss regulatory requirements regarding independent contractor classifications.
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 distinction from employment relationship

8. Contractor's Obligations: Key responsibilities, quality standards, and delivery requirements

9. Company's Obligations: Company's responsibilities including provision of necessary information and materials

10. Intellectual Property Rights: Ownership and transfer of IP created during the engagement

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Swiss data protection laws and data handling requirements

13. Liability and Indemnification: Scope of liability and indemnification obligations

14. Insurance: Required insurance coverage and proof of insurance

15. General Provisions: Standard clauses including notices, amendments, and governing law

Optional Sections

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

2. Non-Solicitation: Restrictions on soliciting employees or clients, used for contractors with significant client contact

3. Equipment and Resources: Provisions regarding use of company equipment or resources, if provided

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

5. Compliance with Policies: Adherence to specific company policies, used when contractor works on-site or with sensitive systems

6. Training Requirements: Specific training or certification requirements, used for specialized services

7. Subcontracting: Rights and restrictions regarding use of subcontractors

8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for critical services

Suggested Schedules

1. Schedule A - Services Description: Detailed specification of services to be provided

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

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

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

5. Appendix 1 - Insurance Requirements: Specific insurance coverage requirements and limits

6. Appendix 2 - Company Policies: Relevant company policies applicable to the contractor

7. Appendix 3 - Project Timeline: Specific milestones and delivery dates

8. Appendix 4 - Required Certifications: List of required professional certifications or qualifications

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

Management Consulting

Professional Services

Creative Industries

Healthcare

Engineering

Financial Services

Education and Training

Marketing and Communications

Research and Development

Construction

Life Sciences

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Information Technology

Research & Development

Marketing

Business Development

Relevant Roles

Project Manager

IT Consultant

Software Developer

Business Analyst

Marketing Consultant

Financial Advisor

Training Specialist

Creative Director

Engineering Consultant

Healthcare Specialist

Research Consultant

Technical Writer

Management Consultant

UX Designer

Data Scientist

Strategy Consultant

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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