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Updated 23.05.2024

Freelancer agreement 

A freelancer is a self-employed individual who performs services on a regular or ad hoc basis, and does not have employee status.

Use this contract: 

  • To delegate all or part of a service or task to a self-employed individual without employee status.
  • That the services relate to a specific project or must be provided on a repetitive or constant basis.
  • If the tasks are carried out with complete flexibility and independence, subject to the general instructions and requests of the principal.
  • Where the freelancer is to be remunerated on a regular basis, at an hourly, monthly, annual, or other rate.
  • Whether expenses or material costs are borne by the principal, the freelancer or re-invoiced.

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This contract is governed by Swiss law and complies with the Code of Obligations

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Protect yourself legally as a principal with the following options: 

  • Commitment to minimum hours per week, availability, and frequency of reports. 
  • Firm prohibition on subcontracting, non-disclosure, non-solicitation and non-competition, even after the end of the contract. 
  • Capping of costs that may be invoiced in addition to fees, and clear indication of the VAT to be invoiced. 
  • Unambiguous treatment of the transfer and use of intellectual property created and protection of confidential information. 
  • Declaration and undertaking to notify any change of status when the freelancer is reclassified as an employee. 

Protect your interests as a freelancer by using the following clauses: 

  • Minimum monthly remuneration notwithstanding hours actually worked. 
  • Indication of costs to be invoiced in addition, on an actual basis, at a flat rate or as a percentage of fees. 
  • Limitation of liability to the amount of fees paid and imposition of a short claim period by the principal. 
  • Authorisation to delegate, represent and sign on behalf of the principal. 
  • Reservation of the intellectual property created and the right to use it, even by assigning it to the principal. 
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