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.
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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
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
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
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