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Staffing Agreement for Switzerland

Staffing Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the terms and conditions between a staffing agency and a client company for the provision of temporary workers. The document ensures compliance with Swiss federal and cantonal employment laws, including the Federal Act on Employment Services and Temporary Staffing (AVG), while defining the rights, obligations, and responsibilities of all parties involved. It covers crucial aspects such as worker placement, fee structures, liability allocation, insurance requirements, and data protection measures, all within the framework of Swiss employment regulations.

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What is a Staffing Agreement?

This Staffing Agreement is designed for use in Switzerland when a company needs to engage temporary workers through a licensed staffing agency. The document complies with Swiss federal and cantonal laws, particularly the Federal Act on Employment Services and Temporary Staffing (AVG) and the Swiss Code of Obligations. It outlines the complete relationship between the staffing agency and the client company, including service scope, pricing, worker management, compliance requirements, and risk allocation. The agreement is essential for businesses requiring flexible workforce solutions while ensuring proper protection of all parties' interests and maintaining compliance with Swiss employment regulations. The Staffing Agreement includes provisions for worker supervision, liability allocation, insurance requirements, and data protection measures, making it suitable for both short-term and long-term staffing arrangements.

What sections should be included in a Staffing Agreement?

1. Parties: Identification of the contracting parties - the staffing agency and the client company, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the staffing agency's licensing status and the client's need for temporary staffing services

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

4. Scope of Services: Detailed description of staffing services to be provided, including recruitment, placement, and management of temporary workers

5. Obligations of the Staffing Agency: Agency's responsibilities including worker screening, compliance with employment laws, and administration of payroll and benefits

6. Client Obligations: Client's responsibilities including workplace safety, supervision, and cooperation with the agency

7. Temporary Worker Status: Clarification of employment relationship and status of temporary workers

8. Fees and Payment Terms: Pricing structure, payment terms, invoicing procedures, and any markup calculations

9. Compliance with Laws: Commitment to comply with Swiss employment laws, social security regulations, and data protection requirements

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

11. Confidentiality: Protection of confidential information of all parties involved

12. Term and Termination: Duration of agreement, renewal terms, and termination provisions

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

What sections are optional to include in a Staffing Agreement?

1. Conversion Fee: Terms for permanent hiring of temporary workers, applicable when client wishes to directly employ temporary workers

2. International Assignments: Additional provisions for cross-border staffing arrangements, needed when workers are placed internationally

3. Specialized Skills Requirements: Specific qualifications or certifications required for particular industries or positions

4. Performance Guarantees: Specific service level agreements and performance metrics, useful for long-term or high-volume staffing arrangements

5. Training and Development: Provisions for training requirements and cost allocation, relevant when specific training is needed

6. Data Protection Specific Terms: Detailed data protection provisions beyond standard confidentiality, particularly important for handling sensitive personal data

7. Non-Solicitation: Restrictions on hiring agency's employees or direct engagement with temporary workers

8. Force Majeure: Provisions for unforeseen circumstances affecting staffing services

9. Dispute Resolution: Specific procedures for handling disputes, such as mediation before litigation

What schedules should be included in a Staffing Agreement?

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

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

3. Schedule 3 - Standard Terms of Assignment: Standard terms applying to all temporary worker assignments

4. Schedule 4 - Compliance Checklist: List of regulatory requirements and compliance procedures

5. Schedule 5 - Insurance Requirements: Detailed insurance coverage requirements and limits

6. Appendix A - Required Forms: Standard forms used for worker assignments, time reporting, and evaluations

7. Appendix B - Health and Safety Requirements: Specific workplace safety requirements and procedures

8. Appendix C - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss data protection laws

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use

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