Employment Contract Template: Temporary Staff (Temporärarbeit)
Swiss temporary-employment contracts must specify duration, probation rights, notice periods, and compensation under OR articles 335–346. A clear template prevents disputes over expectations and ensures compliance with canton-specific payroll rules, social security, and statutory minimum protections.
Temporary staff (Temporärarbeit) in Switzerland operate under articles 335–346 of the Obligationenrecht (OR), which set minimum protections and allow shorter notice periods than permanent roles. A written contract clarifies your mutual obligations, protects you from misclassification claims, and reduces friction at the end of the engagement.
This guide walks through the clauses that matter: what Swiss law requires, what flexibility exists, what mistakes trigger disputes, and how to adapt a template to your canton and industry sector (GAV considerations).
Duration, Probation, and Notice Periods
OR 335 permits fixed-term contracts for temporary work. Duration can be stated in days, weeks, months, or a single end date. Probation may be included but is often omitted in short-term roles. Notice periods are shorter than permanent contracts: the default is two weeks, but you can negotiate one week or even no notice for roles under 90 days.
The common mistake: stating a vague end date ('until project completion') without defining completion. This creates disputes about when the role ends and when severance or final pay is due. Be specific: '30 March 2025' or '15 consecutive working days' from a defined trigger event.
- Write the exact end date or duration in the contract (e.g. '1 January – 31 December 2025')
- If probation applies, state the length (typically 14 days for short-term roles, often waived)
- Specify notice period: state it explicitly or confirm 'OR default of two weeks' applies
- For roles under three months, consider zero notice or one week to align with administrative reality
- Include a clause that either party can end early by written notice (unless you want a strict fixed term)
- Clarify who decides extension: you or mutual agreement?
Compensation, Pensum, and Payroll Deductions
State the gross monthly or hourly rate in CHF, the Pensum percentage (e.g. 80%, 100%), and whether sick leave, holidays, or 13. Monatslohn apply. Most temporary roles exclude the 13th-month bonus and use statutory holiday entitlement (4 weeks minimum). Social security (AHV/ALV/UVG) and Quellensteuer are mandatory: your payroll must deduct and remit these.
The common mistake: offering a 'net rate' without specifying what is deducted, or implying the worker absorbs social contributions. Swiss law requires you to deduct and declare Quellensteuer for non-residents and contribute to AHV/ALV/UVG. Clarity here prevents later claims of underpayment or hidden costs.
- State gross monthly CHF or hourly rate (e.g. CHF 28/hour, 80% Pensum = ~CHF 5,600/month)
- Specify working hours per week and days off (e.g. Mon–Fri, 8 hours/day)
- Confirm holiday entitlement: statutory minimum (4 weeks) or your custom accrual
- Note whether 13. Monatslohn is included (usually excluded for temporary roles)
- Clarify deductions: Quellensteuer, AHV, ALV, UVG, insurance—list what is withheld
- Specify pay frequency (monthly, bi-weekly) and payment method (bank transfer, salary slip format)
Termination, References, and Final Settlement
At the end of a temporary contract, you must provide a brief written Arbeitszeugnis (employment reference) without needing cause. No severance is required by law for a fixed-term contract that expires naturally. However, if you renew the same person multiple times, they may claim a permanent role—set a limit ('maximum two renewals') to avoid this exposure.
The common mistake: offering no reference at all, or a vague one, which irritates the worker and may invite claims of bad faith. Also, failing to clarify whether vacation pay, overtime, or bonus is due on the final day. Write a clear settlement clause: final pay within 15 days of the end date, including any accrued holiday or overtime.
- Commit to issuing a brief, factual Arbeitszeugnis within 5 working days of the end date (no cause needed)
- Specify when final pay is due (standard: 15 days after contract end)
- State whether accrued holiday is paid out (yes, under OR 329) or forfeited if unused
- Clarify overtime: is it paid, time-off-in-lieu (TOIL), or capped per week?
- If the role might be renewed, state the maximum number of consecutive renewals to avoid 'permanent' status claims
- Include a confidentiality and IP clause if the role involves access to data, client lists, or creative work
Frequently asked questions
- Can I hire someone on a zero-notice temporary contract?
- Yes, under OR 335–346. For roles under three months, a contract can state zero notice or one week. However, this must be documented in writing and agreed upfront. If you later claim zero notice but the contract is silent, a court will apply the two-week default and may find bad faith if you dismissed without warning.
- Do I have to pay Quellensteuer and social contributions for temporary staff?
- Yes. Quellensteuer applies to Swiss-resident employees (withheld by you). AHV, ALV, and UVG contributions are mandatory for all employees, regardless of contract type. Failure to deduct and remit creates liability for you and unpaid wages for the worker. Check your canton's URC (or RAV/ORP) for the correct rates.
- What happens if I keep renewing a temporary contract indefinitely?
- Swiss courts may convert a series of renewals into a permanent role, especially if the work is continuous and there is no documented business reason for the series. To reduce this risk, limit renewals in your contract (e.g. 'maximum two consecutive renewals') and document why each renewal ends rather than converting to permanent employment.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.