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Switzerland

3. How to Structure an Independent Contractor Relationship

a. How to Properly Document the Relationship

Although it is not necessary under Swiss law for a contract for services to be in writing, it is recommended for evidential purposes. Such contracts should reflect the most typical characteristics of an independent contractor relationship, such as:

• no exclusivity;
• no specific instructions on work time, place of work etc.;
• no paid leave;
• no provision of materials and work tools; and
• no provision of an office at the principals’ premises.

b. Day-to-Day Management of the Relationship

When managing the contractual relationship with an independent contractor, it is im-portant to observe the discussed criteria and to demonstrate that the independent con-tractor is not integrated into the principal’s business organisation.

Any questions

Ask our member firm lelex Attorneys at Law in Switzerland