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Independent Employment Contract Template for Switzerland

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Key Requirements PROMPT example:

Independent Employment Contract

"I need a Swiss Independent Employment Contract for engaging a freelance software developer based in Zurich who will work remotely on our mobile app development project starting March 2025, with specific provisions for code ownership and data protection."

Document background
The Independent Employment Contract is essential for businesses operating in Switzerland that engage independent contractors, freelancers, or self-employed professionals. This document is specifically designed to comply with Swiss legal requirements, particularly the Swiss Code of Obligations and relevant social security legislation. It's crucial for establishing clear boundaries between independent contracting and regular employment, helping avoid issues of false self-employment (scheinselbständigkeit). The agreement covers key aspects such as service scope, compensation, intellectual property rights, and confidentiality while addressing specific Swiss regulatory requirements regarding social security, insurance, and data protection. This document should be used whenever engaging independent contractors in Switzerland to ensure proper classification of the working relationship and compliance with local laws.
Suggested Sections

1. Parties: Identification of the contracting parties - the company/client and the independent contractor, including full legal names, addresses, and registration details if applicable

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

3. Definitions: Key terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement and conditions for termination by either party

6. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing requirements

7. Independent Contractor Status: Clear statement of independent contractor status and relationship between parties

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

9. Client's Obligations: Support, information, and resources to be provided by the client

10. Intellectual Property Rights: Ownership and rights to work products created during the engagement

11. Confidentiality: Protection of confidential information and trade secrets

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

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

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

15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Non-Competition: Restrictions on competing activities, if applicable to the industry and role

2. Equipment and Resources: Specification of tools and resources provided by either party

3. Performance Metrics: Specific KPIs or quality standards, particularly relevant for long-term engagements

4. Substitute Personnel: Terms regarding the contractor's right to use substitute personnel

5. Force Majeure: Provisions for unforeseen circumstances preventing performance

6. Health and Safety: Specific safety requirements for high-risk industries or on-site work

7. Training and Certification: Required qualifications or ongoing training requirements

8. Background Checks: Requirements for security clearances or background checks if needed

9. Exit Procedures: Detailed procedures for contract conclusion and handover requirements

Suggested Schedules

1. Schedule A - Service Description: Detailed specification of services, deliverables, and technical requirements

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

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

4. Schedule D - Insurance Requirements: Specific insurance types and coverage amounts required

5. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law

6. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms and requirements

7. Appendix 3 - Project Timeline: Milestone dates and delivery schedule if applicable

8. Appendix 4 - Compliance Requirements: Industry-specific compliance requirements and certifications

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

Engineering

Healthcare

Education and Training

Financial Services

Construction

Marketing and Communications

Research and Development

Technical Services

Digital Media

Architecture

Business Advisory

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Compliance

Risk Management

Talent Acquisition

Vendor Management

Relevant Roles

Freelance Consultant

Independent Software Developer

External Project Manager

Self-Employed Business Analyst

Independent Creative Director

Freelance Designer

Contract Engineer

Independent Financial Advisor

External Training Specialist

Independent Marketing Consultant

Freelance Content Creator

Independent Research Specialist

External Technical Advisor

Independent Strategy Consultant

Freelance Solutions Architect

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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