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Employee Leasing Agreement for Switzerland

Employee Leasing Agreement Template for Switzerland

This document is a comprehensive Employee Leasing Agreement governed by Swiss law, specifically compliant with the Federal Act on Employment Services and the Hiring of Services (AVG) and related regulations. It establishes the legal framework for a triangular employment relationship between a staffing provider, a client company, and leased employees. The agreement covers essential aspects including service scope, responsibilities, compliance requirements, liability allocation, payment terms, and operational procedures, while ensuring adherence to Swiss employment, social security, and data protection laws.

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Employee Leasing Agreement

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What is a Employee Leasing Agreement?

The Employee Leasing Agreement is essential for businesses operating in Switzerland that engage in staff leasing arrangements. This document is required when a licensed staffing provider (leasing company) supplies temporary workers to a client company while maintaining the primary employment relationship with the leased employees. The agreement must comply with Swiss federal legislation, particularly the AVG, and addresses crucial aspects such as employment conditions, social security obligations, workplace safety, supervision responsibilities, and data protection requirements. It's particularly relevant in situations requiring flexible workforce solutions, specialized skills, or temporary staff augmentation, and includes specific provisions mandated by Swiss law regarding employee rights, payment terms, and regulatory compliance.

What sections should be included in a Employee Leasing Agreement?

1. Parties: Identification of the leasing company (provider) and the client company (hirer), including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the provider's licensing status and the general purpose of the staff leasing arrangement

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

4. Scope of Services: Details of the staff leasing services, including types of positions and general job descriptions

5. Term and Termination: Duration of the agreement, notice periods, and conditions for termination

6. Provider Obligations: Responsibilities of the leasing company, including employee selection, contracts, payroll, and compliance with employment laws

7. Client Obligations: Responsibilities of the client company, including workplace safety, supervision, and working time compliance

8. Employee Management: Procedures for requesting staff, acceptance, replacement, and day-to-day management

9. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

10. Insurance and Liability: Insurance requirements, allocation of risks, and indemnification provisions

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

12. Confidentiality: Protection of confidential information of all parties

13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Employee Leasing Agreement?

1. Intellectual Property Rights: Required when leased employees may create IP during their assignment

2. Non-Solicitation: Include when parties want to restrict hiring of employees directly

3. International Assignments: Necessary when employees may be deployed across borders

4. Industry-Specific Compliance: Required for regulated industries with special compliance requirements

5. Training and Development: Include when specific training arrangements need to be addressed

6. Performance Management: Used when detailed performance review procedures are needed

7. Benefits and Social Security: Required when special benefit arrangements apply

8. Emergency Procedures: Necessary for high-risk work environments or sensitive operations

What schedules should be included in a Employee Leasing Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, markups, and payment terms

2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements

3. Schedule 3 - Standard Job Descriptions: Template job descriptions for commonly leased positions

4. Schedule 4 - Required Qualifications: Minimum qualification requirements for different roles

5. Schedule 5 - Operating Procedures: Detailed procedures for employee requests, onboarding, and management

6. Appendix A - Insurance Requirements: Specific insurance coverage requirements and limits

7. Appendix B - Data Processing Agreement: Detailed provisions for handling personal data in compliance with Swiss law

8. Appendix C - Health and Safety Guidelines: Workplace safety requirements and procedures

Authors

Alex Denne

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

Jurisdiction

Switzerland

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions









































Clauses



































Relevant Industries

Manufacturing

Information Technology

Construction

Healthcare

Financial Services

Hospitality

Logistics and Transportation

Professional Services

Retail

Industrial

Engineering

Telecommunications

Pharmaceutical

Energy

Relevant Teams

Human Resources

Legal

Operations

Compliance

Finance

Risk Management

Procurement

Contract Administration

Employment Relations

Workforce Planning

Relevant Roles

Human Resources Director

Legal Counsel

Operations Manager

Compliance Officer

Recruitment Manager

Staffing Coordinator

Contract Manager

Employment Relations Manager

Risk Manager

Finance Director

Project Manager

Business Unit Head

Workforce Planning Manager

Chief Operating Officer

Human Resources Business Partner

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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