What makes a freelancer in Switzerland count as an employee despite a freelance contract?

How the work is actually done, not what the contract is called (Art. 18 para. 1 CO). Someone built into the client's organisation, following instructions on hours and method, carrying no business risk of their own and working mainly for one client may be an employee — in employment law (Art. 319 CO) and for AHV, where the compensation office decides on the economic facts and is not bound by the contract (BGE 144 V 111). The client may then owe contributions as employer. The independence clause helps show the facts, but only if they match it.

Can a Swiss freelance contract lock either side in for a fixed term or a notice period?

No. A mandate may be revoked or terminated by either party at any time (Art. 404 para. 1 CO); the Federal Supreme Court holds this mandatory, even for a fixed term (4A_284/2013), so the agreement states the rule instead of a notice period. A party that ends it at an inopportune time pays the damage that timing causes (Art. 404 para. 2 CO), and work done up to then is paid. If you need a finished result for a fixed price, a contract for work (Werkvertrag, Art. 363 CO) is often the better fit.

When must a freelancer in Switzerland charge VAT, and who registers with AHV?

A freelancer is exempt from VAT while their turnover from taxable supplies in Switzerland and abroad stays below CHF 100'000.00 within a year (Art. 10 para. 2 let. a of the VAT Act, MWSTG); below that they charge no VAT unless they registered voluntarily, and the agreement's VAT choice records which applies. For AHV the freelancer registers as self-employed with their compensation office, which decides the status; the client does nothing unless that office finds an employment. The agreement records both but replaces neither registration.

Can a Swiss freelance agreement be written in English, and which law and court apply?

Yes: a mandate needs no form and no particular language, so an English agreement signed by both binds you. The agreement chooses Swiss law; an optional clause names a place of jurisdiction, which must be in writing or a form allowing proof by text (Art. 17 CPC), with the forums a party cannot waive in advance reserved (Art. 35 CPC). If it comes to proceedings, they are in the canton's official language (Art. 129 para. 1 CPC). Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

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Freelance services agreement (Switzerland)

Name: Freelance services agreement (Switzerland)
Brand: DocMuse
SKU: freelance-services-agreement-switzerland
Price: 2.00 CHF
Availability: InStock
Author: DocMuse

Switzerland · in English

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For clients and freelancers in Switzerland: a mandate (Auftrag) under Art. 394 ff. of the Code of Obligations (CO) covering the services, duration, fee with a VAT choice, expenses, payment terms, independence, AHV as a self-employed person, rights in the work results, confidentiality and data protection. It names false self-employment: the AHV compensation office (Ausgleichskasse) decides the status on the actual facts, not the contract. Either party may terminate at any time (Art. 404 CO). Signed by both parties. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

Made for use in Switzerland
Last updated November 4, 2026
Document in English

Print & sign

2 pages

Published byDocMuse

When to use this document

You are starting as a freelancer in Switzerland and your first client wants a contract in English.
Your company is hiring a freelance designer or developer in Switzerland for a project.
You want to know who owns the work and when the rights pass to the client.
You worry that working mostly for one client in Switzerland could look like disguised employment.

What you fill in

The details the document asks for.

Client
Client's address
Contractor
Contractor's address
Contractor's UID or VAT number (optional)
Services
Start date
End date of the contract
Fee
VAT: the contractor is registered, or not liable
Expenses: included in the fee, or reimbursed on receipts
Days to pay an invoice
Contractor's AHV compensation office (Ausgleichskasse) (optional)
Agreed place of jurisdiction (optional)
City
Date

Common questions

What makes a freelancer in Switzerland count as an employee despite a freelance contract?: How the work is actually done, not what the contract is called (Art. 18 para. 1 CO). Someone built into the client's organisation, following instructions on hours and method, carrying no business risk of their own and working mainly for one client may be an employee — in employment law (Art. 319 CO) and for AHV, where the compensation office decides on the economic facts and is not bound by the contract (BGE 144 V 111). The client may then owe contributions as employer. The independence clause helps show the facts, but only if they match it.
Can a Swiss freelance contract lock either side in for a fixed term or a notice period?: No. A mandate may be revoked or terminated by either party at any time (Art. 404 para. 1 CO); the Federal Supreme Court holds this mandatory, even for a fixed term (4A_284/2013), so the agreement states the rule instead of a notice period. A party that ends it at an inopportune time pays the damage that timing causes (Art. 404 para. 2 CO), and work done up to then is paid. If you need a finished result for a fixed price, a contract for work (Werkvertrag, Art. 363 CO) is often the better fit.
When must a freelancer in Switzerland charge VAT, and who registers with AHV?: A freelancer is exempt from VAT while their turnover from taxable supplies in Switzerland and abroad stays below CHF 100'000.00 within a year (Art. 10 para. 2 let. a of the VAT Act, MWSTG); below that they charge no VAT unless they registered voluntarily, and the agreement's VAT choice records which applies. For AHV the freelancer registers as self-employed with their compensation office, which decides the status; the client does nothing unless that office finds an employment. The agreement records both but replaces neither registration.
Can a Swiss freelance agreement be written in English, and which law and court apply?: Yes: a mandate needs no form and no particular language, so an English agreement signed by both binds you. The agreement chooses Swiss law; an optional clause names a place of jurisdiction, which must be in writing or a form allowing proof by text (Art. 17 CPC), with the forums a party cannot waive in advance reserved (Art. 35 CPC). If it comes to proceedings, they are in the canton's official language (Art. 129 para. 1 CPC). Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.

How you can sign this document

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