Regulation of domestic staff in Switzerland, standard employment contracts (CTT)

Regulation of domestic staff in Switzerland

Regulation of domestic staff in Switzerland, standard employment contracts (CTT), and the Code of Obligations may seem like complex subjects.

That is not the case, I assure you! Read this article that will help you understand the basics.

Employment of domestic staff is governed by specific laws and regulations in many countries. In Switzerland, cantons have established standard employment contracts (CTT) to regulate the working relationships between employers and domestic employees.

These CTT serve as a reference to establish minimum working conditions, such as working hours, wages, vacation and leave allowances, as well as the obligations of employers and employees.

It is important to note that these standard contracts only represent the legal minimum, especially in terms of wages, and employers have the option to provide more favorable working conditions for their employees.

The CTT should be used when the employer and employee have not entered into a specific written agreement. However, it is recommended to always formalize the employment relationship in writing to avoid misunderstandings and ensure better protection for all parties involved.

Certain articles in the CTT can be derogated, even to the disadvantage of the employee, as long as the Code of Obligations is respected.

The derogable articles are indicated in italics. It is important to note that if the employer wishes to deviate from an article to the employee's disadvantage, it is essential to indicate this in the employment contract.

The minimum wages indicated in the CTT must always be respected.

The CTT in French-speaking Switzerland:

CTT Fédéral

CTT Vaud

CTT Genève

CTT Neuchâtel

CTT Valais

CTT Fribourg

The Swiss Code of Obligations (CO)

In addition to the CTT, the Swiss Code of Obligations (CO) is an essential legal reference for domestic workers. This code defines the rights and obligations of employers and employees, regardless of the sector of activity.

The Swiss Code of Obligations contains several important provisions that apply to domestic workers.

Here are some of the main provisions of the CO related to domestic staff:

Article 319: Salary Article 319 establishes the right of employees to fair wages for their work. It specifies that the amount of the salary must be agreed upon between the employer and the employee, but it cannot be lower than the minimum wage provided by the cantonal standard employment contracts or applicable collective agreements.

Article 321a: Working hours Article 321a sets limits on working hours. According to this provision, domestic workers are entitled to regular breaks and weekly rest days.

Article 329: Paid leave Article 329 guarantees domestic workers the right to paid leave. The duration of paid leave may vary depending on the cantonal standard employment contracts and specific agreements between the employer and the employee. However, generally, domestic workers are entitled to a certain number of annual leave days.

Article 324: Termination of employment contract Article 324 of the CO deals with the termination of the employment contract. It states that both the employer and the employee have the right to terminate the employment contract with appropriate notice. The duration of the notice period depends on the employee's length of service with the employer.

Article 328: Social protection Article 328 of the CO provides certain social protection to domestic workers. It makes accident insurance mandatory for domestic workers and also allows for contributions to a pension fund, subject to specific conditions.

These provisions are just an overview of the main provisions of the Swiss Code of Obligations that apply to domestic staff. It is important to refer to the CO in its entirety to obtain all the relevant information and details regarding the rights and obligations of domestic workers in Switzerland.

Understanding the laws and regulations surrounding the employment of domestic staff in Switzerland is essential.

The cantonal standard employment contracts and the Code of Obligations provide a solid legal basis to protect the rights and interests of domestic workers.

Employers are required to comply with these provisions and keep abreast of any changes or updates in the minimum wages that must be adhered to.

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