Temporary Work (Temporärarbeit)
Temporary work is employment through a staffing agency for a defined, short-term position. In Switzerland, this is regulated under the Employment Act and canton-specific rules. Employers must respect minimum wages, social insurance contributions, and equal treatment. The most common mistake is treating temporary workers as contractors to avoid obligations.
Temporärarbeit means hiring staff through a temporary employment agency for a specific project, absence cover, or seasonal need. The worker has a contract with the agency, not directly with you—but you remain responsible for working conditions.
This arrangement is common in Switzerland for covering maternity leave, vacation, or peak periods. It is legal and regulated, not a gray area. Both you and the agency must follow Swiss labor law.
When You Use Temporary Workers
You engage a temporary worker when you need short-term cover—often 2 weeks to 6 months—without onboarding a permanent employee. Common scenarios: maternity replacement, summer peak, one-off project, or bridging a vacancy.
The staffing agency handles payroll, employment contract, and Quellensteuer. You receive an invoice and direct the worker's daily tasks. The arrangement must still comply with Swiss labor law at canton level.
- Cover for sick leave, vacation, or parental leave
- Seasonal or project-based work (harvest, event, construction phase)
- Temporary capacity boost during business growth
- Testing fit before offering permanent contract
- Administrative and manual roles most common
- Agency retains legal employer status
Your Legal Obligations
You must pay the agency invoice on time and ensure the worker has safe, legal working conditions. No matter the agency contract, Swiss labor law applies: maximum weekly hours (usually 42–45 per Pensum), accident insurance, and canton-level minimum wages.
The Arbeitsgesetz and canton employment regulations bind you. You cannot ask a temporary worker to exceed legal hours, work in unsafe conditions, or accept lower pay than a permanent peer. Verify the agency holds a valid staffing license (Bewilligung).
- Comply with canton minimum wage and GAV rates if applicable
- Ensure safe workplace; temporary status does not exempt you
- Respect legal working hours and rest periods (Arbeitsgesetz)
- Agency must hold valid staffing agency license
- Pay agency invoices; worker still covered by social insurance
- Document job description, hours, and end date clearly
Most Common Mistakes
The biggest error: treating a temporary worker as self-employed or contractor to avoid paperwork and insurance costs. This is illegal. If the person works on your premises under your direction for a set schedule, they are an employee—agency or not.
Second mistake: assuming the agency handles all compliance. While the agency invoices you, you remain jointly responsible for safe conditions and legal working hours. Do not pressure a temporary worker into unpaid overtime or shift changes without proper notice.
- Misclassifying temporary work as self-employment (illegal)
- Ignoring canton minimum wage or GAV obligations
- Assuming agency bears all legal responsibility (shared liability)
- Failing to document start and end dates; causing benefits gaps
- Extending 'temporary' contracts indefinitely without reviewing terms
- Not verifying the agency's valid staffing license
Frequently asked questions
- Can I hire the temporary worker permanently after their contract ends?
- Yes, but inform the agency first (check your contract terms). If you hire directly without agency consent, you may owe them a fee. The worker can move to permanent employment; no legal barrier exists. Treat the transition formally—new permanent contract, clarify Pensum, benefits, and salary.
- Who pays social insurance and Quellensteuer?
- The staffing agency handles both. They deduct Quellensteuer and pay AHV/IV/ALV and accident insurance. Your invoice from the agency already includes these costs. You do not reimburse separately or withhold from the worker.
- What if the temporary worker is injured on the job?
- The agency's accident insurance covers work injury. Report it to the agency immediately. Your workplace safety rules still apply—you must provide safe conditions. Contact the agency and your own insurer; do not delay. A lawyer can advise on liability if negligence is suspected.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.