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Freelance Independent Contractor Agreement Template for Switzerland

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Key Requirements PROMPT example:

Freelance Independent Contractor Agreement

"I need a Freelance Independent Contractor Agreement under Swiss law for hiring a software developer based in Zurich who will work remotely on our AI project starting March 2025, with specific provisions for intellectual property rights and data protection."

Document background
The Freelance Independent Contractor Agreement is essential for businesses operating in Switzerland that engage external professionals on a non-employment basis. This document is specifically designed to comply with Swiss legal requirements, including the Swiss Code of Obligations (OR/CO) and relevant social security legislation. It's particularly important given Switzerland's strict distinction between employment and independent contractor relationships, with significant consequences for misclassification. The agreement covers crucial aspects such as service scope, compensation, intellectual property rights, data protection under Swiss law, and the contractor's obligations regarding social security and taxation. It's structured to protect both parties' interests while maintaining the genuine independence of the contractor relationship, making it suitable for various professional services arrangements from short-term projects to ongoing consultancy relationships.
Suggested Sections

1. Parties: Identification of the contracting parties, 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 termination provisions, including notice periods

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

7. Independent Contractor Status: Clear statement of independence and contractor's responsibility for taxes and social security contributions

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

9. Client's Obligations: Client's responsibilities, including provision of necessary information and materials

10. Intellectual Property Rights: Ownership and transfer of work products, pre-existing IP, and related rights

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Swiss data protection laws and handling of personal data

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Insurance: Required insurance coverage and proof of insurance

15. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Non-Competition: Restrictions on competing activities, used when contractor has access to sensitive market information

2. Non-Solicitation: Restrictions on soliciting clients or employees, relevant for contractors with significant client contact

3. Equipment and Resources: Provisions regarding use of equipment and resources, needed when specific tools or facilities are provided

4. Compliance with Policies: Adherence to client policies, relevant when contractor works on client premises or systems

5. Substitution Rights: Right to provide services through substitutes, important for maintaining independent contractor status

6. Performance Metrics: Specific performance standards and KPIs, useful for long-term or complex projects

7. Training Requirements: Specific training or certification requirements, needed for specialized services

8. Emergency Services: Provisions for emergency or out-of-hours services, relevant for support or maintenance contracts

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and performance standards

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

3. Schedule 3 - Service Levels: Specific service levels, response times, and quality metrics

4. Schedule 4 - Client Policies: Relevant client policies and procedures applicable to the contractor

5. Schedule 5 - Data Processing Agreement: Detailed terms for personal data processing if required under Swiss data protection law

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Required Insurance Coverage: Specific insurance requirements and minimum coverage levels

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

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Relevant Industries

Information Technology

Consulting

Professional Services

Creative Industries

Engineering

Healthcare

Education

Financial Services

Manufacturing

Construction

Digital Media

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Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Information Technology

Research & Development

Marketing

Product Development

Quality Assurance

Business Development

Strategy

Relevant Roles

Consultant

Software Developer

Graphic Designer

Business Analyst

Project Manager

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UX Designer

Research Analyst

Technical Writer

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Data Scientist

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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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