Personal Services Contract for Switzerland

Personal Services Contract Template for Switzerland

A comprehensive legal agreement governed by Swiss law, specifically designed to establish and regulate the provision of professional services by an individual or entity to a client. This contract addresses key aspects such as service scope, compensation, intellectual property rights, and confidentiality while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. It includes specific provisions for maintaining independent contractor status, data protection compliance under Swiss federal law, and appropriate dispute resolution mechanisms within Swiss jurisdiction.

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What is a Personal Services Contract?

This Personal Services Contract template is designed for use in Switzerland when engaging independent professionals or service providers for specific professional services. It complies with Swiss federal laws, particularly the Swiss Code of Obligations (OR/CO), and includes essential provisions for data protection, social security considerations, and clear delineation between employment and independent contractor relationships. The document is particularly relevant in today's growing gig economy and professional services sector, where clear contractual relationships need to be established while maintaining compliance with Swiss regulatory requirements. It includes comprehensive sections on service delivery, compensation, intellectual property rights, and confidentiality, while incorporating specific Swiss legal requirements regarding contract formation and execution.

What sections should be included in a Personal Services Contract?

1. Parties: Identification of the service provider and the client, including full legal names, addresses, and any registration numbers

2. Background: Context of the agreement and brief description of why the parties are entering into this contract

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', and specific Swiss law terms

4. Scope of Services: Detailed description of the services to be provided, including any specific requirements or standards

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination, including notice periods as per Swiss law

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

7. Independent Contractor Status: Clear statement of the independent contractor relationship and distinction from employment relationship

8. Obligations of the Service Provider: Key responsibilities, quality standards, and performance requirements

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

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Swiss Federal Act on Data Protection and handling of personal data

13. Liability and Indemnification: Limitations of liability and indemnification obligations under Swiss law

14. Insurance: Required insurance coverage and minimum limits

15. Governing Law and Jurisdiction: Explicit reference to Swiss law and jurisdiction for dispute resolution

16. General Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Personal Services Contract?

1. Non-Competition: Restrictions on competing activities, used when service provider has access to sensitive information or client relationships

2. Non-Solicitation: Restrictions on soliciting employees or clients, included when there's risk of poaching

3. Equipment and Resources: Provisions regarding tools and resources provided by either party, used when specific equipment is required

4. Training Requirements: Specific training or certification requirements, included when services require particular qualifications

5. Substitution Rights: Right to provide substitute personnel, included when personal performance isn't essential

6. Performance Metrics: Specific KPIs and performance measurement criteria, used for complex or long-term services

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term contracts

8. Exit Assistance: Transition support upon contract termination, important for complex or critical services

What schedules should be included in a Personal Services Contract?

1. Schedule A - Scope of Services: Detailed description of services, deliverables, and technical specifications

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

3. Schedule C - Service Levels: Performance standards, metrics, and quality requirements

4. Schedule D - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law

5. Schedule E - Required Insurance: Specific insurance requirements and coverage limits

6. Appendix 1 - Contact Details: Key contact persons and their details for both parties

7. Appendix 2 - Reporting Templates: Standard formats for required reports and documentation

8. Appendix 3 - Policies and Procedures: Relevant client policies that the service provider must comply with

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 | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Professional Services

Information Technology

Management Consulting

Creative Industries

Healthcare

Education and Training

Financial Services

Legal Services

Engineering

Architecture

Marketing and Communications

Business Advisory

Research and Development

Technical Services

Relevant Teams

Legal

Human Resources

Procurement

Operations

Compliance

Risk Management

Administration

Contract Management

Business Development

Corporate Services

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Contract Manager

Business Development Manager

Project Manager

Operations Director

Compliance Officer

Risk Manager

General Counsel

HR Director

Chief Legal Officer

Chief Operating Officer

Administrative Manager

Company Secretary

Industries
Swiss Code of Obligations (OR/CO): Primary source of Swiss contract law, particularly Articles 394-406 governing service contracts (mandate agreements) and Articles 319-362 governing employment contracts, as personal service contracts may be classified under either depending on the nature of the relationship
Swiss Federal Act on Data Protection (FADP): Regulates the processing of personal data by private persons and federal bodies, relevant for handling personal information in service contracts
Federal Act on Social Insurance (AHVG): Governs social security obligations and classifications of independent contractors versus employees, crucial for determining the status of personal service providers
Federal Act on Vocational Old Age, Survivors' and Invalidity Pension Provision (BVG): Relevant for pension provisions and social security considerations in personal service relationships
Federal Act on Employment in Trade and Industry (Employment Act): Contains provisions on working hours, rest periods, and other working conditions that may be applicable if the personal service provider is classified as an employee
Swiss Civil Code (ZGB): Contains fundamental principles of Swiss law, including personality rights and general principles of good faith that apply to all contracts
Federal Act on Gender Equality: Ensures non-discrimination in professional relationships, including service contracts
Cantonal Laws: Various cantonal regulations that may affect personal service contracts, particularly regarding business permits and local employment standards
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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