Legal Framework for Staff Leasing in Switzerland – Including the Data Processing Agreement (DPA)

Staff Leasing in Switzerland Explained Simply

Staff leasing is a central part of the Swiss labour market – particularly in healthcare. Companies increasingly rely on temporary professionals to respond flexibly to staffing shortages.

For this model to work in a legally compliant way, staff leasing is clearly regulated. For host companies, this means: those who know the legal framework and implement it correctly reduce risks while benefiting from maximum flexibility.

As a specialised partner in healthcare, KSK Personal AG supports companies in deploying staff in a legally compliant, efficient and practical way.

What Is Staff Leasing?

In staff leasing, a staffing provider makes employees temporarily available to a host company.

Important:

  • The staffing provider is the legal employer
  • The host company directs and organises the work
  • Employees work at the host company on a temporary basis

This model is particularly suited to bridging shortages, covering illness, seasonal fluctuations or project work.

Employment Services Act (AVG)

The most important legal basis is the Employment Services Act (AVG).

It regulates in particular:

  • The licensing requirement for staffing providers
  • The rights and obligations of all parties
  • Protection of employees
  • Transparency in the placement process

Important for host companies: work exclusively with licensed and reputable providers – such as KSK Personal AG – to avoid legal risks.

Ordinance on Employment Services and Staff Leasing (AVV)

Alongside the Employment Services Act (AVG), the Ordinance on Employment Services and Staff Leasing (AVV) sets out the statutory provisions in more detail and their practical implementation.

The AVV regulates in particular:

  • Licensing details and requirements for staffing providers
  • Requirements for contract content in staff leasing
  • Rules on monitoring pay and working conditions
  • Reporting and documentation obligations
  • Provisions to protect employees

Important for host companies: the AVV ensures that statutory requirements are correctly implemented in everyday practice. Companies benefit from clearly defined processes and greater legal certainty.

👉 Working with KSK Personal AG ensures that all requirements under the AVG and AVV are consistently met.

Collective Bargaining Agreement (CBA) for Staff Leasing

The CBA for staff leasing ensures that temporary employees are treated fairly.

It regulates, among other things:

  • Minimum wages
  • Working hours
  • Holiday entitlements
  • Social benefits
  • Training funds

For companies, this means clear and consistent framework conditions.

Obligations of the Host Company

Even though the staffing provider is the employer, the host company also carries responsibility:

  • Compliance with workplace safety
  • Providing a safe working environment
  • Clear description of tasks
  • Integration into the team and processes

👉 The host company is responsible for working conditions on site.

Contract Structure in Staff Leasing

Staff leasing involves several contractual relationships:

  1. Employment contract (provider ↔ employee)
  2. Leasing agreement (provider ↔ host company)

The leasing agreement regulates in particular:

  • Duration of assignment
  • Qualifications
  • Cost structure
  • Responsibilities

A sound contractual basis creates transparency and minimises risks.

New: Data Processing Agreement (DPA) / Data Protection

In staff leasing, handling sensitive personnel data – particularly in healthcare – is a key factor.

A Data Processing Agreement (DPA) under data protection law (Swiss FADP / GDPR-relevant standards) is therefore essential.

When Is a DPA Required?

A DPA is required when:

  • Personnel data is processed by third parties
  • A staffing provider processes data on behalf of another party
  • Sensitive data (e.g. health data) is involved

Contents of a DPA

A professional DPA regulates:

  • Purpose and scope of data processing
  • Data security measures
  • Access rights and confidentiality
  • Retention and deletion periods
  • Reporting obligations in the event of data breaches

Benefit for Host Companies

  • Legal certainty in data protection
  • Minimising liability risks
  • Clear allocation of responsibility

👉 KSK Personal AG ensures that all data protection requirements are met and that the appropriate DPA structures are in place.

Benefits of Working with KSK Personal AG

A specialised partner offers decisive advantages:

  • Legally compliant contract drafting (including DPA)
  • Compliance with all statutory requirements (AVG & CBA)
  • Administrative relief
  • Fast placement of qualified professionals

Thanks to our experience in healthcare, we understand our clients’ requirements and deliver tailored solutions.

Conclusion

Staff leasing in Switzerland is clearly regulated and offers companies great flexibility – combined with a high degree of legal certainty.

Those who rely on a professional partner also benefit from:

  • reduced administrative burden
  • secure implementation of all legal requirements
  • optimised processes, including data protection

Contact

KSK Personal AG

info@kskpersonal.ch

+41 (0) 52 268 80 00

Kontakt

We would be happy to advise you without obligation.

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