I. General Provisions

1. The provisions of this Standard Employment Contract (SEC) apply to all employment relationships of employees who perform exclusively or predominantly domestic work or caregiving work in a private household.

2. Included are

a) internship, volunteer, and au pair relationships;

b) employees who reside in the household of the person to be cared for and perform their domestic work or caregiving work as part of a 24-hour care arrangement.

3. For domestic employees who are subject to a generally binding collective labor agreement (generally binding CLA), this SEC applies to the points not regulated in the generally binding CLA.

1. The NAV does not apply to

a) agricultural employment relationships that are subject to a special NAV;

b) recognized household apprenticeship relationships;

c) domestic employees who are subject to public law;

d) medical or healthcare services as defined by the Healthcare Services Ordinance.

1. This NAV is directly applicable to the employment relationships it governs.

2. Deviations from the NAV are only permissible within the scope of statutory regulations and must be made in a written individual employment contract.

3. Insofar as the NAV contains no provisions and the parties have not concluded a written individual employment contract, the provisions of the Code of Obligations concerning individual employment contracts shall apply.

1. In an employment relationship where the formal employer and a person being cared for share the right to issue instructions, both are responsible for ensuring compliance with the working conditions. They are jointly liable.

1. The weekly working time shall generally not exceed 45 hours. The daily working time is a maximum of nine hours and should generally end by 7:30 PM. Presence time, on-call duty, and breaks are not considered as working time.

2. Presence time is defined as the period during which the employee must be present in the employer's or the person being cared for's household and must be available without actual work being performed.

3. On-call duty is defined as the period during which the employee must ensure availability at all times outside the household.

4. Employees who reside in the household of the person being cared for and provide services within the framework of 24-hour care shall be credited with at least seven hours of working time or half of the agreed presence time or on-call duty per working day. If a half day off is taken, at least three and a half hours of working time shall be credited, and a maximum of five hours of working time shall be performed.

5. It is not permissible to employ employees residing in the household of the person being cared for, who provide services within the framework of 24-hour care, solely for presence time or on-call duty.

1. Work shall be interrupted around the middle of the working time by breaks of the following minimum durations

a) a quarter of an hour for a daily working time of more than five and a half hours;

b) half an hour for a daily working time of more than seven hours;

c) one hour for a daily working time of more than nine hours.

2. Breaks of more than half an hour may be divided.

3. During the break, employees may leave the premises, are not available to the employer, or the person to be cared for, and do not perform on-call duties.

1. The employee must be granted a continuous daily rest period of at least eleven consecutive hours.

2. Rest time is observed between 11 p.m. and 6 a.m. No working hours are scheduled during this time.

1. Overtime hours are the working hours that exceed the agreed weekly working time.

2. Overtime hours are to be compensated with time off of at least equal duration within one year with the consent of the employee, or paid with a wage supplement of 25 percent.

**1. Employees are entitled to one full day off each week, typically Sunday, and one half day off, typically an afternoon without standby duty in the evening. This free time must be granted every week and cannot be postponed or consolidated.**

**2. If employees work on a legally recognized holiday, they must be granted a compensatory day off.**

**3. During their free time, employees are allowed to leave their residence, are not available to the employer or the person being cared for, and do not perform on-call duties.**

1. The following entitlement to paid vacation per year exists

a) up to the completion of the 20th year of age: 5 weeks

b) after the completion of the 50th year of age: 5 weeks

c) after ten years of service: 5 weeks

d) all others: 4 weeks

2. For an incomplete year of service, vacation is to be granted in proportion to the duration of the employment relationship in the relevant service year.

3. The employer determines the timing of the vacation. Employee wishes are to be considered insofar as they are compatible with the interests of the business or household. The vacation may be divided by mutual agreement, whereby at least two vacation weeks per service year must be consecutive.

4. The time during which the employee is traveling with the employer or with the person being cared for, or is on vacation, does not count as vacation.

1. Employees are entitled to paid leave in the following events

a) three days: their own marriage or registration of partnership, death of a spouse, registered partner, or life partner, death of a child or a parent;

b) two weeks for the adoption of a child;

c) one day: baptism or marriage of a child, death of siblings, parents-in-law, sister-in-law or brother-in-law, household relocation;

d) the necessary hours for the fulfillment of statutory obligations.

2. After childbirth, a female employee is entitled to paid maternity leave of at least 14 weeks.

3. A male employee, who is the legal father at the time of the child's birth or becomes so within the following six months, is entitled to paid paternity leave of two weeks.

4. Employees are entitled to paid leave for the time necessary to care for a family member, life partner with a health impairment; however, the leave is limited to a maximum of three days per event and a maximum of ten days per year.

5. Employers must grant employees up to the age of 30 unpaid leave for leading, supervising, or advisory activities within the scope of extracurricular youth work in a cultural or social organization, as well as for the necessary training and further education, totaling up to one working week per service year.

6. If an employee is entitled to a care allowance according to Art. 16n to 16s of the Federal Act on Income Compensation because his or her child is severely impaired in health due to illness or accident, he or she is entitled to care leave of up to 14 weeks.

1. If the employee is entitled to board and lodging, this entitlement also exists during leisure time, holidays, and leave. If the provision of board or lodging is discontinued, the employer must pay compensation according to the rates stipulated by federal legislation.

1. Attendance at courses and lectures for education and professional development shall be generously permitted and encouraged to the extent possible.

2. Courses and lectures shall not be counted against vacation and leisure time if attendance is mandated by the employer.

1. The remuneration for working hours consists of cash wages or a combination of cash and in-kind wages. The minimum wages apply according to the Swiss Federal Ordinance on the Standard Employment Contract for Domestic Workers.

2. Accommodation, meals, and laundry services provided within the household of the employer or the person being cared for constitute in-kind wages. In-kind wages actually provided may be deducted in accordance with the rates established by federal legislation. In-kind wages that are not provided or not fully provided are compensated according to these rates.

3. Night work between 11 p.m. and 6 a.m. is to be remunerated with a 25 percent surcharge.

1. Compensation for Standby Time and On-call Duty is as follows

a) 25 percent of the hourly wage, at least CHF 5 per hour, if no or only occasional assignments occur (maximum of 12 night assignments per month);

b) 35 percent of the hourly wage, at least CHF 7 per hour, if regular assignments occur (maximum of 13 to 30 night assignments per month);

c) 50 percent of the hourly wage, at least CHF 10 per hour, if frequent assignments occur (more than 30 night assignments per month).

2. Work assignments during standby time or on-call duty are considered working time and must be fully compensated with the corresponding allowances.

1. Employees who reside in the employer's household or the house of the person being cared for are entitled to

a) wholesome and adequate nourishment;

b) a private room;

c) shared use of sanitary facilities, the laundry room, and the kitchen, including its utensils;

d) unlimited and free access to the internet, with the protection of the employee's privacy.

2. The private room must

a) be lockable;

b) meet health requirements;

c) be well lit with natural and artificial light;

d) be heated and ventilated;

e) be sufficiently spacious and furnished to accommodate both presence and leisure time.

1. Employers must pay employees the full wage allocated for the vacation period.

2. For employees paid on an hourly basis, the vacation pay amounts to 8.33% of the base salary for a four-week vacation entitlement, and 10.64% for a five-week vacation entitlement. The vacation pay includes remuneration for working time, presence time, and on-call duty, including night work and overtime supplements.

1. If employees are prevented from performing their work due to reasons inherent to their person, such as illness, accident, fulfillment of legal obligations, or undertaking public duties, without their fault, the employer is obligated to pay the applicable salary for a limited time, including reasonable compensation for any lost in-kind benefits, provided the employment relationship has lasted more than three months or has been entered into for more than three months. The salary entitlement is as follows

a) one month in the first and second years of service;

b) two months from the third to fifth years of service;

c) three months from the sixth to tenth years of service;

d) four months from the eleventh year of service onward.

2. In the event of the employee's pregnancy, the employer must pay the salary to the same extent.

3. Employees who reside in the household of the person they are caring for and perform their work as part of a 24-hour care arrangement are entitled to continued salary payment as well as care and medical treatment from the start of the employment relationship, irrespective of its duration.

1. If the employee resides in the same household as the employer or the person to be cared for, and is unable to perform work due to illness or accident through no fault of their own, the employer is obligated to provide care and medical treatment for the period limited by Article 18, paragraph 1.

2. In the event of pregnancy and childbirth of the employee, the employer is required to provide the same benefits.

1. The employee is entitled to a loyalty bonus as follows

a) one-third of the monthly salary after five years of service;

b) half of the monthly salary after ten years of service;

c) three-quarters of the monthly salary after fifteen years of service;

d) one monthly salary every five years after the fifteenth year of service.

2. The amount of the loyalty bonus is calculated based on the average monthly salary of the reference year.

3. The loyalty bonus can be taken wholly or partially in the form of vacation. A loyalty bonus equivalent to one month’s salary entitles the employee to 22 working days of vacation. A loyalty bonus of less than one month’s salary results in a correspondingly lower vacation entitlement. The employer must be informed in a timely manner if the loyalty bonus is to be taken as vacation.

1. Employees must be insured with the public social institutions (AHV, IV, EO, ALV, FAK).

2. The premiums for the AHV, IV, EO, and ALV are shared equally between employers and employees. Employers bear the entire premium for family allowances.

1. Employers are required to take out insurance for employees in accordance with the Federal Act on Occupational Old Age, Survivors' and Disability Pension Plans.

2. The premiums are equally split between the employers and the employees.

1. Employers are required to insure the employees in accordance with the provisions of the Federal Act on Accident Insurance.

2. The premiums for occupational accident insurance are borne by the employer, while the premiums for non-occupational accident insurance are borne by the employee.

1. Employers are required to ensure that employees are insured in accordance with the provisions of the Federal Health Insurance Act.

2. Employers are responsible for ensuring that in the event of a loss of earnings due to illness, a daily sickness allowance of 80 percent of the gross salary, with a waiting period of 30 days for a benefit period of 720 days (minus the waiting period), is insured within 900 calendar days. They are obliged to cover at least half of the premium.

3. If there is no daily sickness allowance insurance, the employer is liable to the employee to the extent that the employee would receive benefits if insurance coverage existed.

1. At the commencement of the employment relationship, a copy of this NAV and any applicable written individual employment contract must be provided to the employee.

1. The employee is required to continuously record their working hours. The time log must detail the hours worked, presence times, on-call duty, breaks, work performed during presence times or on-call duty, night work between 11 PM and 6 AM, overtime, and vacation days.

2. The time records must be reviewed by employers at least weekly for employees residing in the household of the person requiring care and providing domestic services or care work as part of 24-hour support. For all other employees, the time records must be reviewed at least monthly by the employers.

1. The employer shall provide the employee with a detailed pay slip at least once a month.

1. Employers shall employ pregnant women and nursing mothers and arrange their working conditions in such a way that their health and the health of the child are not adversely affected.

2. Pregnant women and nursing mothers shall be relieved from tasks that are burdensome to them upon their request.

**1. Pregnant women and nursing mothers may only be employed with their consent.**

2. Pregnant women, nursing mothers, and women who have recently given birth are permitted to remain away from work or leave work upon mere notification. Nursing mothers must be granted the necessary time for breastfeeding.

3. Women who have recently given birth are not to be employed for eight weeks following childbirth and thereafter up to the 16th week only with their consent.

4. Pregnant women may not be employed between the hours of 8 PM and 6 AM from the 8th week before childbirth.

5. Pregnant women and nursing mothers must not be employed beyond the agreed regular duration of daily working hours, and in no case beyond nine hours.

1. Employers are required to offer pregnant women, who are employed between 8 p.m. and 6 a.m., an equivalent position between 6 a.m. and 8 p.m. whenever possible. This obligation also applies for the period between the 8th and the 16th week after childbirth.

2. Women who are employed between 8 p.m. and 6 a.m. are entitled to 80 percent of their salary, excluding any night work bonuses, along with appropriate compensation for loss of in-kind benefits, during the periods specified in paragraph 1, insofar as no other equivalent work can be offered to them.

1. Employers must duly consider the health of young workers and ensure the observance of morality. In particular, they shall ensure that young workers are not overstrained and are protected from adverse influences in the workplace. Young workers are defined as employees up to the age of 18.

2. Young workers may not be employed before reaching the age of 15.

3. It is not permissible to employ young workers for 24-hour care duties.

1. The daily working hours for young people shall not exceed nine hours. Any possible overtime work shall be included in the working hours.

2. Young people up to the age of 16 may only be employed between 6 a.m. and 8 p.m., and young people aged 16 and over may be employed between 6 a.m. and 10 p.m.

3. Young people are to be granted a continuous daily rest period of at least twelve consecutive hours.

4. Young people shall not be employed on Sundays.

1. Adolescents up to the age of 16 may not be employed for overtime work.

2. Adolescents aged 16 and over may only be employed for overtime work on weekdays from 6 a.m. to 10 p.m.

1. The probationary period shall be one month.

2. If the contract duration is limited to less than three months, the probationary period shall be one week, and if the contract duration is limited to less than six months, the probationary period shall be two weeks.

1. The employment relationship can be terminated by either party to the contract

a) during the probationary period, with notice ending at the close of a work week, with a notice period of three days;

b) after the probationary period and until the completion of the fifth year of service, with notice ending at the close of a month, with a notice period of two months;

c) from the sixth year of service, with notice ending at the close of a month, with a notice period of three months.

2. If the person being cared for is permanently admitted to a home or a similar facility, or if the person being cared for passes away, the existing employment relationship for employees who reside in the same household to perform their work duties can be terminated no sooner than the end of the next calendar month.

**1. Upon termination of the employment relationship, employees aged 50 or over, with 20 or more years of service, are entitled to the following severance compensation:**

a) 20-25 years of service: 2 months' salary

b) 26-30 years of service: 3 months' salary

c) 31-35 years of service: 4 months' salary

d) 36-40 years of service: 5 months' salary

e) More than 40 years of service: 6 months' salary

**2. The compensation may be reduced or omitted if the employment relationship is terminated by the employee without just cause, or by the employer for just cause without notice, or if providing such compensation would result in undue hardship for the employer.**

1. This collective labor agreement applies to all existing employment relationships at the time of its entry into force.