This Driver Contractor Agreement is designed for use in Switzerland when engaging independent drivers for transportation services. It addresses the specific requirements of Swiss federal and cantonal laws regarding independent contractor relationships in the transportation sector. The document is particularly relevant for companies seeking to expand their delivery or transportation capabilities without directly employing drivers, while ensuring compliance with Swiss regulations on road transport, working hours, and contractor status. It includes essential provisions for insurance, liability, vehicle maintenance, and operational standards, tailored to meet Swiss legal requirements and industry best practices. The agreement is structured to clearly differentiate the contractor relationship from employment, incorporating necessary safeguards and compliance measures required under Swiss law.
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1. Parties: Identification of the contracting company and the independent driver contractor, including full legal names, addresses, and registration details
2. Background: Context of the agreement, nature of the company's business, and confirmation of the driver's independent contractor status
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Vehicle', 'Territory', 'Applicable Laws', etc.
4. Scope of Services: Detailed description of transportation services to be provided, including territory coverage and types of deliveries/transportation
5. Independent Contractor Status: Clear establishment of the independent nature of the relationship, contractor's autonomy, and distinction from employment
6. Contractor Obligations: Key responsibilities including licensing, vehicle maintenance, insurance, compliance with traffic laws, and professional standards
7. Company Obligations: Company's responsibilities, including payment terms, provision of necessary information, and support systems
8. Compliance Requirements: Obligations to comply with Swiss transportation laws, working hours regulations, and safety requirements
9. Payment Terms: Fee structure, payment calculation, invoicing process, and payment schedule
10. Insurance and Liability: Required insurance coverage, liability allocation, and indemnification provisions
11. Term and Termination: Duration of agreement, renewal terms, and conditions for termination by either party
12. Confidentiality: Protection of confidential information and trade secrets
13. Data Protection: Compliance with Swiss data protection laws and handling of personal data
14. Dispute Resolution: Process for resolving disputes under Swiss law, including jurisdiction and applicable courts
15. General Provisions: Standard clauses including amendments, notices, assignment, and entire agreement
1. Equipment Provision: Include when the company provides any equipment or technology to the driver
2. Specialized Services: Include for specific types of transportation services (e.g., refrigerated goods, dangerous materials)
3. Performance Metrics: Include when specific performance standards and evaluation criteria are required
4. Training Requirements: Include when specific training or certification programs are mandatory
5. Subcontracting Rights: Include if the driver is permitted to subcontract services
6. Non-Compete: Include when restricting the driver from working with competitors (subject to Swiss law limitations)
7. Branding Requirements: Include when the driver must comply with company branding guidelines
8. Safety Protocols: Include detailed safety requirements for specific types of transportation
1. Schedule 1 - Service Rates: Detailed fee structure, including base rates, bonuses, and special service charges
2. Schedule 2 - Territory Map: Defined geographical area of operation
3. Schedule 3 - Vehicle Requirements: Specific requirements for vehicles, including age, maintenance, and equipment
4. Schedule 4 - Insurance Requirements: Detailed insurance specifications and minimum coverage amounts
5. Schedule 5 - Operating Procedures: Standard operating procedures and service standards
6. Schedule 6 - Compliance Documentation: Required licenses, certifications, and regulatory compliance documents
7. Appendix A - Safety Guidelines: Detailed safety protocols and emergency procedures
8. Appendix B - Data Protection Protocol: Specific procedures for handling personal and sensitive data
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