Special Terms and Conditions for clinics and hospitals (Terms for clinics)
Version 1.0 · valid from 28 September 2026 · replaces all earlier versions
This is a translation for convenience. In the event of any discrepancy, the German version of this text is the legally binding one.
1. Scope
1.1 These Special Terms and Conditions (“Terms for clinics”) apply to all orders placed with MedPool by clinics, hospitals, care homes, practices and other healthcare institutions (“client”) for the placement of doctors and nursing professionals (“healthcare professionals”). The General Terms apply in addition.
1.2 Covered are (a) placement for a permanent position and (b) placement for fixed-term assignments (“locum assignments”), whether as a self-employed service or as fixed-term employment with the client.
1.3 The client’s own purchasing or agency conditions apply only where MedPool has agreed to them in writing. In that case they take precedence over these terms to the extent of that agreement.
2. Conclusion of contract
2.1 A placement mandate arises through (a) placing an order via the platform, (b) written or electronic order confirmation or (c) implicitly, if the client concludes a contract with a healthcare professional presented by MedPool.
2.2 Each locum assignment is additionally recorded in an assignment confirmation (place of assignment, period, workload, daily fee or salary, placement fee, status of the healthcare professional in accordance with section 4).
3. Role of MedPool and of the client
3.1 MedPool is an employment agency and never the employer of the healthcare professional. MedPool does not provide the client with workers and does not transfer any right to issue instructions to it.
3.2 MedPool checks the profiles and documents of healthcare professionals for plausibility and proposes suitable healthcare professionals. The selection and the conclusion of the assignment or employment contract lie solely with the client.
3.3 The client is responsible for:
- checking the professional practice licence, the recognition of qualifications and the register entry (MedReg or NAREG) before the assignment begins;
- residence and work permits, where required (MedPool provides advisory support);
- compliance with employment law, occupational safety and health protection at the place of assignment;
- adequate business or professional liability insurance covering the healthcare professional’s activity within the organisation;
- providing work equipment, materials and any required work clothing.
4. Status of the healthcare professional in locum assignments
4.1 Option A – self-employed service: the healthcare professional provides their services as a self-employed person under a mandate (Art. 394 et seq. CO). This requires evidence of recognition as self-employed for old-age and survivors’ insurance purposes for this activity, or a valid A1 form.
4.2 Option B – fixed-term employment with the client: if no such evidence is available, or if the healthcare professional is classified as an employee for social insurance purposes, a fixed-term employment relationship (Art. 319 et seq. CO) exists directly between the client and the healthcare professional. The client is the employer and bears the employer contributions (AHV/IV/EO/ALV, accident insurance and, where applicable, occupational pension and sickness daily allowance).
4.3 If an authority subsequently determines that option B applied instead of option A, the client is deemed to have been the employer retroactively. MedPool is not liable for contributions claimed retroactively.
4.4 In the case of repeated fixed-term assignments of the same healthcare professional, the client examines occupational pension coverage (Art. 1j and 1k of Ordinance BVV 2).
5. Fee for permanent placements
5.1 The fee is calculated on the gross annual salary of the healthcare professional placed, projected to a workload of 100 %, irrespective of any fixed term. Fee excl. VAT, depending on the gross annual salary (100 %):
- up to CHF 149,999: 20 %
- CHF 150,000 to 199,999: 22 %
- from CHF 200,000: 25 %
5.2 The gross annual salary comprises 12 monthly salaries, a 13th and 14th monthly salary, gratuities, bonuses, commissions, profit shares, on-call and duty allowances as well as other benefits with monetary value in accordance with the target agreement.
5.3 Where the workload is below 65 %, the fee amounts to 50 % of the fee projected to 100 %.
5.4 The fee claim arises upon agreement on the conclusion of the employment contract (acceptance or preliminary contract). The client informs MedPool of the acceptance without delay and provides a copy of the salary agreement.
5.5 Example: gross annual salary CHF 180,000 → 22 % × CHF 180,000 = CHF 39,600 plus VAT.
6. Guarantee for permanent placements
6.1 If the employment relationship is terminated before the start date or during the probationary period (no more than three months), the client chooses between:
- a single, free replacement search for the same function over 60 days, or
- a refund of the fee paid: 100 % if terminated before the start date, 50 % in month 1, 25 % in month 2, 10 % in month 3.
6.2 There is no guarantee case where the termination is due to restructuring, changed duties, salary changes or other circumstances within the client’s sphere of influence, or where the client is in arrears with payments due to MedPool. The guarantee case must be reported in writing within 10 days of termination.
7. Locum assignments: fee of the healthcare professional and placement fee
7.1 Daily fee for doctors: as per the assignment agreement (option A: fee plus any VAT charged by the healthcare professional; option B: gross salary including holiday compensation, plus employer contributions). One assignment day comprises a maximum of 10 hours of attendance. Each started quarter of an hour beyond that is remunerated at CHF 37.50 (CHF 1,500 ÷ 10 hrs ÷ 4). Deviations are agreed in the assignment confirmation.
7.2 Daily fee for nursing professionals: as per the price list or assignment confirmation.
7.3 MedPool placement fee: for each assignment day worked, the client owes MedPool a placement fee of 25 % of the daily fee or gross salary agreed in the assignment confirmation for doctors and nursing professionals, in each case plus VAT. The fee is owed in addition to the daily fee and does not reduce it.
7.4 Night, weekend and public holiday duties as well as expenses (e.g. accommodation, meals, parking) are agreed in the assignment confirmation.
8. Settlement via the paying agent
8.1 The basis is the healthcare professional’s time record, countersigned by the responsible person at the client. It is submitted monthly or after the end of the assignment via the platform.
8.2 Processing takes place via Payroll Plus AG (“paying agent”). The paying agent acts in the name and for the account of the client. It is neither the employer of the healthcare professional nor a staff leasing company. Under option B it settles salary and social insurance contributions in the name of the client as employer.
8.3 MedPool checks the settlement only for completeness and invoices the placement fee to the client separately.
9. Payment terms
9.1 Invoices from MedPool and the paying agent are payable net within 10 days. All amounts are exclusive of VAT.
9.2 After the deadline expires, default occurs without a reminder; default interest of 5 % is owed (Art. 104 CO).
10. Cancellation and early termination of locum assignments
10.1 Both parties to the assignment contract may terminate it in accordance with the statutory provisions; under option A at any time pursuant to Art. 404 CO, subject to compensation for damage in the event of termination at an inopportune time. The assignment contracts provide five daily rates as a guideline for such damage.
10.2 If the client cancels a confirmed assignment less than 7 days before it begins, it owes MedPool the placement fee for the first five planned assignment days, at most for the entire duration of the assignment.
10.3 If a healthcare professional drops out, MedPool endeavours to find a replacement but does not owe one.
11. Client protection and circumvention
11.1 If the client or an affiliated company permanently employs a healthcare professional presented by MedPool within 12 months of the last presentation or the last assignment day, it owes the fee in accordance with section 5 – including for a position other than the one originally envisaged.
11.2 If the client engages a healthcare professional presented by MedPool within the same period for locum assignments without MedPool, it owes the placement fee in accordance with section 7.3 for each such assignment day.
11.3 If the client passes on data of a presented healthcare professional to third parties and this leads to employment or an assignment within 12 months, it owes the corresponding fee or placement fee.
11.4 The client may prove prior knowledge: if the healthcare professional was demonstrably already known to it for the same position before being presented by MedPool, the claim lapses, provided the client notifies MedPool of this within 3 working days of the presentation.
12. Data protection and confidentiality
12.1 The client uses documents and data of healthcare professionals exclusively to fill the position concerned or for the assignment. It obtains references only with the healthcare professional’s consent.
12.2 The client deletes documents of healthcare professionals with whom no contract is concluded no later than three months after completion of the selection procedure.
12.3 Terms and fees are confidential.
13. Place of jurisdiction
Swiss law applies. The place of jurisdiction is Lachen SZ.