Per Diem Employment Agreement Template for Switzerland

A Per Diem Employment Agreement allows you to hire workers on a daily-rate basis under Swiss employment law. This flexible arrangement enables you to engage employees for specific days or projects while maintaining compliance with Switzerland's strict labor regulations. Unlike traditional employment contracts, per diem agreements provide scheduling flexibility while ensuring proper worker protections and legal compliance.

When do you need this document?

You need a Per Diem Employment Agreement when your business requires flexible staffing solutions that don't justify permanent employment contracts. This is particularly common in healthcare, hospitality, consulting, and seasonal industries where workload fluctuates significantly. Educational institutions often use per diem arrangements for substitute teachers or guest lecturers. Construction and event management companies also rely on per diem workers to handle varying project demands. If you need specialized expertise for short-term assignments or want to cover staff absences without long-term commitments, this agreement provides the necessary legal framework.

Key legal considerations

Your Per Diem Employment Agreement must clearly define the daily rate, working hours, and specific duties to avoid misclassification issues. You must establish whether the worker qualifies as an employee or independent contractor under Swiss law, as this affects social security obligations and worker protections. The agreement should specify scheduling procedures, cancellation policies, and notice requirements to prevent disputes. Include provisions for overtime compensation, as Swiss law requires premium pay for work exceeding standard hours. Address confidentiality, intellectual property rights, and termination procedures to protect your business interests. Ensure the daily rate meets minimum wage requirements and covers all applicable social charges.

Legal requirements in Switzerland

Swiss employment law mandates that per diem workers receive the same fundamental protections as regular employees under the Code of Obligations. You must register per diem employees with social security authorities (AHV/IV) and provide accident insurance coverage through SUVA or approved private insurers. The Federal Labor Law (ArG) requires compliance with maximum working hours, rest periods, and health and safety standards regardless of employment duration. You must maintain accurate records of worked hours and compensation for tax and social security purposes. Gender equality laws apply to per diem arrangements, requiring equal treatment and non-discrimination. Data protection regulations (FADP) govern how you collect, store, and process per diem workers' personal information throughout the employment relationship.