Agreement with Freelancer

Key points and English template

On this page, we provide you with an overview of the most important aspects of an Agreement with Freelancer in Switzerland, including the elements to be taken into account when drawing up the agreement.

Subsequently, we will provide you with a legally compliant template of an Agreement with Freelancer under Swiss law.

Use an Agreement with Freelancer if ...

… your business does not have the resources and expertise for one or several projects 

… you need the support and skills of an independent professional for a limited time

Key Points included in an Agreement with Freelancer

What is an Agreement with Freelancer?

Under an agreement with a freelancer, a company hires the services of a self-employed, independent professional, usually for a specific mission/project and for a limited time. 

Contrary to an ordinary employee, a freelancer does not become part of the company’s work organization and does not enjoy statutory rights as an employee. 

The company, as a rule, is not liable to pay social security contributions and taxes on the freelancer’s remuneration and is free to terminate the agreement at any time without notice. 

Yet authorities and social insurances have become increasingly concerned about the risk of employers attempting to circumvent the statutory rights of employees by formally hiring them as freelancers under chain contracts. It is thus quite a challenge for a company to draft an agreement that takes the freelancer’s independent status into account while providing the company the contractual means to supervise the freelancer. 

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