Temporary Work in Switzerland
Temporary work (Temporärarbeit / travail temporaire) involves three parties: the staffing agency (your legal employer), the user firm (where you work) and you. Switzerland has a well-developed regulatory framework protecting temporary workers. Here are the key rules you need to know.
- Swiss employment law explained for international professionals
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The Triangle Relationship
In temporary work, the staffing agency is your employer, it signs your contract, pays your salary, deducts social security, and issues your payslips. The user firm directs your daily work but is not your contractual employer. This matters for: notice periods (the agency gives notice), sick pay (the agency pays), dispute resolution (the agency is the counterpart). Your employment contract with the agency can be either open-ended (ongoing pool) or for the duration of a specific assignment.
Equal Treatment and the GAV Personalverleih
The GAV Personalverleih (collective agreement for the staffing sector) gives temporary workers equal treatment rights: after 3 months of consecutive placement, you must receive at least the same pay as comparable permanent employees at the user firm (same role, same qualifications, same hours). The GAV also guarantees: 4 weeks minimum holiday (5 weeks for under-20s), 13th month salary, training entitlements, and a supplementary accident insurance via SWICA. All staffing agencies with the AVG licence are bound by this GAV.
The 2-Year Maximum Assignment
Under the AVG and the GAV Personalverleih, a temporary worker cannot be assigned to the same user firm for more than 2 years. After 2 years, the user firm must either: hire the worker directly (converting to permanent employment), end the assignment (the worker returns to the agency pool or seeks new assignments), or demonstrate an exceptional case requiring continuation. This rule prevents user firms from permanently bypassing permanent employment obligations through long-term temp arrangements.
Frequently Asked Questions
Am I entitled to holiday pay as a temporary worker?
Yes. Under the GAV Personalverleih, temporary workers receive at least 4 weeks paid holiday. Holiday pay is often included in the hourly rate (8.33% supplement, itemised on payslips) or given as actual paid leave.
Does the staffing agency or the user firm pay my accident insurance?
The staffing agency as your employer is responsible for both occupational and non-occupational accident insurance. Most agencies under the GAV Personalverleih use SWICA for supplementary coverage. The user firm is responsible for your on-site safety conditions.
Can I negotiate directly with the user firm to be hired permanently?
Yes, but the staffing agency may have a recruitment fee agreement with the user firm (buyout clause). This means the user firm might need to pay a fee to hire you directly before a certain period. After the 2-year maximum, no such restriction applies.
Federal Health Insurance Act (KVG/LAMal) · Swiss Federal Office of Public Health (FOPH/BAG) · admin.ch