Staffing Agreement Contract Template for Switzerland

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Key Requirements PROMPT example:

Staffing Agreement Contract

"I need a Staffing Agreement Contract under Swiss law for my IT consulting firm to engage temporary software developers through a staffing agency in Zurich, with specific provisions for intellectual property protection and potential permanent hiring options."

Document background
The Staffing Agreement Contract is essential for organizations operating in Switzerland that require temporary staffing solutions. This document is specifically designed to comply with Swiss federal and cantonal laws, including the Swiss Code of Obligations and the Federal Act on Employment Services and Leasing of Services (AVG). It establishes the legal framework for temporary staffing arrangements, detailing the rights and obligations of staffing agencies and client companies, worker management procedures, payment terms, and compliance requirements. The agreement is particularly crucial as it addresses specific Swiss regulatory requirements for staff leasing, social security obligations, and data protection measures. It serves as the primary contractual document governing the three-way relationship between staffing agencies, client companies, and temporary workers, while ensuring adherence to Swiss employment standards and industry regulations.
Suggested Sections

1. Parties: Identification of the contracting parties: the staffing agency and the client company, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including the staffing agency's licensing details and the client's need for temporary staffing services

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

4. Scope of Services: Detailed description of the staffing services to be provided, including recruitment, placement, and management of temporary workers

5. Ordering Process: Procedures for requesting temporary workers, including notice periods and worker specifications

6. Client Obligations: Client's responsibilities regarding temporary workers, workplace safety, supervision, and compliance with labor laws

7. Agency Obligations: Staffing agency's responsibilities including worker verification, documentation, and compliance with AVG requirements

8. Temporary Worker Status: Clarification of employment relationship and confirmation that temporary workers remain employees of the staffing agency

9. Charges and Payment Terms: Fee structure, payment terms, invoicing procedures, and payment timelines

10. Data Protection: Compliance with FADP/DSG, handling of personal data, and data security measures

11. Confidentiality: Protection of confidential information exchanged during the service provision

12. Liability and Insurance: Allocation of risks, insurance requirements, and indemnification provisions

13. Term and Termination: Duration of agreement, renewal terms, and termination provisions

14. General Provisions: Standard contractual clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. Direct Hire Provisions: Terms governing the transition of temporary workers to permanent employment, including fees and notice periods. Include when the client may want to hire temporary workers permanently.

2. International Staffing: Additional provisions for cross-border staffing services, including work permit requirements. Include when services involve foreign workers.

3. Specialized Industry Requirements: Industry-specific compliance requirements and certifications. Include for regulated industries like healthcare or financial services.

4. Performance Metrics: KPIs and service level agreements. Include when specific performance standards are required.

5. Training and Development: Provisions for worker training and skill development. Include when specific training requirements exist.

6. Force Majeure: Provisions for unforeseen circumstances affecting service delivery. Include when requested by parties or for long-term agreements.

Suggested Schedules

1. Schedule 1 - Rate Card: Detailed breakdown of charging rates, markup percentages, and any volume discounts

2. Schedule 2 - Service Specifications: Detailed description of services, including recruitment process and worker qualification requirements

3. Schedule 3 - Standard Terms of Business: General terms and conditions applicable to all assignments

4. Schedule 4 - Data Processing Agreement: Detailed provisions for handling personal data in compliance with Swiss data protection laws

5. Schedule 5 - Insurance Requirements: Specific insurance coverage requirements and minimum coverage amounts

6. Appendix A - Assignment Confirmation Template: Standard form for confirming details of each temporary worker assignment

7. Appendix B - Timesheet Template: Standard format for recording and approving working hours

8. Appendix C - Health and Safety Requirements: Specific workplace safety requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Manufacturing

Information Technology

Healthcare

Financial Services

Construction

Hospitality

Retail

Logistics

Professional Services

Education

Engineering

Pharmaceutical

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Talent Acquisition

Project Management

Administration

Relevant Roles

HR Director

Legal Counsel

Procurement Manager

Operations Manager

Talent Acquisition Manager

Compliance Officer

Finance Director

Project Manager

Department Head

Hiring Manager

HR Business Partner

Contract Administrator

Risk Manager

Industries
Swiss Code of Obligations (OR/CO): The primary source of Swiss contract and employment law, particularly Articles 319-362, which govern individual employment contracts, including provisions on duties of employees and employers, working hours, wages, and termination conditions.
Federal Act on Employment Services and Leasing of Services (AVG): Regulates staff leasing and recruitment services in Switzerland, including licensing requirements for staffing agencies and mandatory provisions for staffing contracts.
Federal Act on Work in Industry, Trade and Commerce (Labor Law/ArG): Contains provisions on working hours, rest periods, health protection, and special protection for young workers, pregnant women, and nursing mothers.
Federal Act on Data Protection (FADP/DSG): Governs the handling of personal data of employees, including collection, storage, and processing requirements.
Federal Act on Equal Treatment of Women and Men (Gender Equality Act): Ensures non-discrimination and equal treatment in employment relationships, including recruitment processes.
Federal Act on Foreign Nationals and Integration (FNIA): Relevant for staffing agreements involving foreign workers, including work permit requirements and conditions.
Federal Act on Social Insurance (AHVG): Covers mandatory social security contributions and insurance requirements for employees and employers.
Federal Act on Accident Insurance (UVG): Regulates mandatory accident insurance coverage for employees and related employer obligations.
Cantonal Employment Laws: Various cantonal regulations that may affect employment relationships and must be considered depending on the location of work.
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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