This Standard Independent Contractor Contract is essential for Swiss businesses engaging external professionals on a non-employment basis. The document is designed to comply with Swiss legal requirements, particularly the Code of Obligations (OR/CO) and social security legislation (AHVG), while clearly establishing an independent contractor relationship rather than employment. It should be used when engaging freelancers, consultants, or other independent professionals for specific projects or ongoing services. The contract includes comprehensive provisions for service delivery, compensation, intellectual property rights, data protection, and insurance requirements, all tailored to Swiss legal standards. It's particularly important for maintaining clear documentation of independent contractor status for tax and social security purposes while protecting both parties' interests under Swiss law.
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1. Parties: Identification of the contracting company and the independent contractor, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and confirmation of contractor's independent business status
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', and 'Intellectual Property'
4. Scope of Services: Detailed description of the services to be provided, emphasizing contractor's independence in execution
5. Term and Termination: Duration of the agreement and termination provisions in accordance with Swiss law
6. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing requirements including VAT considerations
7. Independent Contractor Status: Clear statement of independent contractor relationship and responsibilities for social security contributions
8. Intellectual Property Rights: Ownership and transfer of IP created during the engagement
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: Compliance with Swiss Federal Act on Data Protection requirements
11. Liability and Indemnification: Scope of liability and indemnification obligations under Swiss law
12. Insurance: Required insurance coverage including professional liability insurance
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Non-Competition: Post-termination competition restrictions (only if necessary and carefully drafted to comply with Swiss law)
2. Equipment and Resources: Specification of tools and resources provided by either party (if applicable)
3. Performance Metrics: Specific KPIs or quality standards (if relevant to the services)
4. Subcontracting: Rights and restrictions regarding use of subcontractors
5. Force Majeure: Provisions for unforeseen circumstances preventing performance
6. Training Requirements: Specific training or certification requirements (if applicable to the industry)
7. Client Policies: Adherence to specific company policies (while maintaining independent status)
1. Schedule 1 - Services Description: Detailed specification of services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance standards and quality metrics if applicable
4. Schedule 4 - Data Processing Agreement: Specific data protection terms if personal data is processed
5. Appendix A - Insurance Requirements: Detailed insurance coverage requirements
6. Appendix B - Required Certifications: List of required professional certifications or qualifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Consulting
Professional Services
Construction
Engineering
Creative Industries
Healthcare
Education
Financial Services
Marketing and Communications
Research and Development
Manufacturing
Project Management
Real Estate
Training and Development
Relevant Teams
Legal
Human Resources
Procurement
Finance
Operations
Compliance
Risk Management
Administration
Contract Management
Relevant Roles
Legal Counsel
HR Director
Procurement Manager
Project Manager
Business Unit Director
Operations Manager
Finance Director
Compliance Officer
Risk Manager
Department Head
Managing Director
Chief Operating Officer
Administrative Manager
Contract Manager
Human Resources Manager
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