The Per Diem Employment Agreement is designed for situations where organizations need to engage workers on a daily-rate basis under Swiss law. This arrangement is particularly common in sectors requiring flexible staffing solutions or specialized expertise on an intermittent basis. The agreement addresses specific Swiss legal requirements, including mandatory social security contributions (AHV/IV), accident insurance, and compliance with the Federal Labor Law (ArG) and Code of Obligations (OR). It is structured to provide clear terms regarding daily rates, working hours, scheduling flexibility, and employment conditions while ensuring proper protection for both parties. This document type is especially useful for organizations managing temporary staffing needs, seasonal work, or project-based assignments where traditional fixed employment arrangements are not suitable.
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Key Requirements PROMPT example:
Per Diem Employment Agreement
"I need a Per Diem Employment Agreement under Swiss law for hiring a senior IT consultant who will work 2-3 days per week starting March 2025, with specific provisions for intellectual property protection and confidentiality due to access to sensitive client data."
1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context explaining the per diem nature of the employment relationship
3. Definitions: Key terms used throughout the agreement, including 'Per Diem Day', 'Daily Rate', 'Working Hours', etc.
4. Scope of Employment: Description of the role, responsibilities, and nature of per diem work
5. Term and Engagement: Duration of the agreement and process for scheduling work days
6. Compensation: Daily rate, payment terms, and schedule
7. Working Hours and Location: Standard working hours per day and primary work location(s)
8. Social Security and Insurance: Mandatory Swiss social security contributions and insurance requirements
9. Obligations of the Employee: Key responsibilities, duty of care, confidentiality, and compliance requirements
10. Obligations of the Employer: Employer's duties including safety, insurance, and provision of necessary work resources
11. Termination: Conditions and process for ending the agreement
12. Data Protection: Handling of personal data in compliance with Swiss FADP
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Non-Competition: Restrictions on working for competitors, only needed for senior roles or those with access to sensitive information
2. Intellectual Property: IP rights and assignments, required when employee may create IP during employment
3. Equipment and Tools: Provisions regarding company equipment if provided for the role
4. Training and Development: Include if specific training or certifications are required
5. Travel and Expenses: Include if role requires travel or includes reimbursable expenses
6. Performance Reviews: Include if regular performance evaluations will be conducted
7. Benefits: Optional benefits beyond mandatory requirements, if any are offered to per diem workers
1. Schedule 1 - Position Description: Detailed description of duties and responsibilities
2. Schedule 2 - Compensation Details: Breakdown of daily rate and any additional payments
3. Schedule 3 - Workplace Policies: Key workplace policies applicable to per diem workers
4. Appendix A - Time Recording Procedures: Process for recording and submitting working time
5. Appendix B - Expense Claim Procedures: If applicable, process for submitting expense claims
Authors
Relevant legal definitions
Agreement
Per Diem Day
Daily Rate
Working Hours
Assignment
Confidential Information
Intellectual Property
Notice Period
Services
Work Location
Company Materials
Company Policies
Engagement Period
Force Majeure
Public Holiday
Rest Period
Social Security Contributions
Termination Date
Work Schedule
Workplace
Per Diem Day
Daily Rate
Working Hours
Assignment
Confidential Information
Intellectual Property
Notice Period
Services
Work Location
Company Materials
Company Policies
Engagement Period
Force Majeure
Public Holiday
Rest Period
Social Security Contributions
Termination Date
Work Schedule
Workplace
Clauses
Definitions
Scope of Employment
Duration and Term
Per Diem Rate and Payment
Working Hours
Location of Work
Duties and Responsibilities
Social Security and Insurance
Health and Safety
Confidentiality
Data Protection
Non-Competition
Intellectual Property
Company Property
Performance Standards
Leave and Holidays
Termination
Force Majeure
Notice
Assignment
Severability
Entire Agreement
Amendments
Governing Law
Jurisdiction
Scope of Employment
Duration and Term
Per Diem Rate and Payment
Working Hours
Location of Work
Duties and Responsibilities
Social Security and Insurance
Health and Safety
Confidentiality
Data Protection
Non-Competition
Intellectual Property
Company Property
Performance Standards
Leave and Holidays
Termination
Force Majeure
Notice
Assignment
Severability
Entire Agreement
Amendments
Governing Law
Jurisdiction
Relevant Industries
Healthcare
Education
Hospitality
Construction
Information Technology
Manufacturing
Professional Services
Retail
Events and Entertainment
Transportation and Logistics
Relevant Teams
Human Resources
Legal
Finance
Operations
Project Management Office
Talent Acquisition
Compliance
Payroll
Department Management
Relevant Roles
Temporary Medical Staff
Substitute Teacher
Project Consultant
Event Coordinator
IT Specialist
Construction Worker
Interim Manager
Training Facilitator
Emergency Response Personnel
Seasonal Worker
Expert Advisor
Relief Worker
Technical Specialist
Industry Expert
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