Updated: June 2026
Key points
  • Legal basis: Personnel Leasing Act (AVG): agency and employer both have obligations
  • Leased employee rights: same protection as permanent employees (vacation, social insurance)
  • Maximum duration: 18 months per placement (then must convert to permanent or stop)

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.

Context on the Swiss job market helps frame any career decision in Switzerland. Our gross-to-net salary guide shows what Swiss gross salaries look like after AVS, LPP and tax deductions. The salary negotiation guide covers how to use market data in offer discussions and which arguments work with Swiss recruiters. Our guide to working in Switzerland as a foreigner covers entry conditions, permit categories and practical relocation steps. The work permit guide explains B, C, G and L permit categories and processing timelines. For cross-sector salary benchmarks, the Switzerland salary guide covers all major roles and cities.


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.

What is the 13th month salary in Switzerland?

The 13th month salary in Switzerland refers to an additional monthly salary paid once a year, typically in December. It is included in annual salary benchmarks as standard: when a Swiss employer quotes CHF 120,000 per year, this normally means 13 monthly payments of approximately CHF 9,231 each, not 12 payments of CHF 10,000. The 13th month is governed by the employment contract or collective agreement (GAV), not by statute. It is subject to social contributions (AHV/ALV) and income tax. Always clarify with a prospective employer whether a quoted annual figure includes or excludes the 13th month.

How do Swiss notice periods work for employment contracts?

Under Swiss law (Code of Obligations, Art. 335c), notice periods during probation (default 1 month, up to 3 months by agreement) are 7 days. After probation, statutory notice periods are: 1 month during the first year, 2 months in years 2 to 9, and 3 months from year 10 onwards. Notice must be given in writing by end of calendar month (or end of the agreed notice period month). Contractual or GAV notice periods can be longer but cannot be shorter than statutory minimums. Protected periods exist (illness, accident, pregnancy) during which termination is suspended or prohibited.

Sources

Personnel Leasing Act (AVG) · SECO · admin.ch