Cantonal Standard Employment Contract for Domestic Workers (Standard Contract Domestic Work) (NAV Hauswirtschaft) - Scope

1. This standard employment contract applies to the territory of the Canton of Nidwalden.

2. It is applicable to all full-time and part-time employment relationships of individuals engaged in predominantly or exclusively domestic work in a private household, including au pair and volunteer arrangements.

3. It is also applicable to individuals engaged under employment relationships who provide services within the framework of 24-hour care.

1. This Standard Employment Contract does not apply

1. to agricultural employment relationships that are subject to a specific standard employment contract;

2. to domestic workers who are subject to the public law of the Federation, the canton, or a municipality;

3. to medical or nursing care within the meaning of the Health Care Services Ordinance (KLV);

4. to domestic workers who are subject to a generally binding collective labor agreement (AVE GAV). For points not regulated in the AVE GAV, this Standard Employment Contract applies additionally.

1. The standard employment contract applies directly to the employment relationships subject to it.

1. Agreements that deviate from specific provisions of the standard employment contract to the detriment of the employee are only permissible within the framework of the legal system. They require the written form to be valid.

2. The blanket exclusion of regulations is not permissible.

1. To the extent that this standard employment contract contains no provisions and the parties have not made any permissible agreements, the provisions of the Swiss Code of Obligations regarding individual employment contracts as well as the Employment Agency Act (AVG) shall apply.

2. For persons who are subject to an apprenticeship contract, the following provisions shall only apply insofar as the apprenticeship contract or vocational education law do not provide for differing regulations.

1. The employee performs their work through

1. active working time, during which they carry out household tasks, support the person being cared for, or provide companionship;

2. presence time, during which they must be in the household or premises of the person being cared for and be available without actively performing work;

3. on-call time, during which they must be reachable by phone at all times outside the home. This is equated with presence time.

2. Time spent on shared meals, activities with the person being cared for, and travel from the on-call location to the actual work location is considered active working time.

3. It is not permissible to employ an individual living in the household of the person being cared for, solely for presence and on-call time. For nine hours of work performed, at least four hours must be counted as active working time.

1. For the calculation of weekly working hours, only active working time counts, excluding presence times, on-call duty, or breaks.

2. The weekly working hours shall not exceed 45 hours.

3. Justified overtime exceeding the weekly maximum working hours must not exceed eleven hours per week and must not exceed 260 hours per calendar year.

1. Overtime is defined as those hours which exceed the contractual weekly working hours.

2. The employee is required to perform reasonable overtime if it is operationally necessary and reasonable. Overtime is compensated with equivalent time off or an appropriate wage supplement according to § 11.

3. The employer must maintain accurate records of overtime. Overtime must be documented at the end of each month.

1. The employee is entitled to a minimum of two hours of break time per day.

2. A break is defined as the period during which the employee can leave the premises and is not available to the individual requiring care, nor is on call via telephone.

1. During the period between 11:00 PM and 6:00 AM, there is a night rest period, and no active working hours are scheduled.

1. The minimum rates for the remuneration of active working time are governed by the NAV Housekeeping Federation.

2. For active working time at night, a night time surcharge of 25 percent is owed.

3. For active working time that exceeds the contractual weekly working hours, a surcharge of 25 percent is owed, unless it is compensated by time off.

4. The wage surcharge for overtime work is governed by the Swiss Labour Law (ArG).

5. Family and child allowances must not be considered when determining the salary and are to be paid without deductions.

1. Until the Federation establishes binding minimum standards for on-call duty and standby time, the employee shall be compensated as follows for daytime and nighttime standby

1. At 25 percent of the hourly wage, but at least CHF 5 per hour, if they are required to perform at most 12 active assignments at night during a month;

2. At 35 percent of the hourly wage, but at least CHF 7 per hour, if they are required to perform on average between 13 and 30 active assignments at night during a month;

3. At 50 percent of the hourly wage, but at least CHF 10 per hour, if they are required to perform on average more than 30 active assignments at night during a month.

2. If the employee carries out an active assignment during the scheduled on-call time, this counts as fully compensable active working time with the corresponding supplements.

1. For actual and documented accommodation and meals provided, the maximum deductible amounts shall be those specified in Article 11 of the Ordinance on Old-Age and Survivors Insurance (AHVV).

1. The salary, including any family and child allowances as well as any potential wage supplements, shall be paid at the latest by the end of each month.

1. Both the employer and the employee are fundamentally subject to Swiss social security law and are obligated to contribute.

2. The owed social security contributions are to be paid by the employer.

1. If the employee is unable to perform work duties for reasons personal to them, such as illness, accident, fulfillment of legal obligations, or engaging in public office, without their fault, they are entitled to their corresponding wage, together with reasonable compensation for lost benefits in kind

1. in the 1st year of service: 3 weeks

2. in the 2nd year of service: 1 month

3. in the 3rd and 4th years of service: 2 months

4. in the 5th to 9th years of service: 3 months

5. in the 10th to 14th years of service: 4 months

6. in the 15th to 19th years of service: 5 months

7. from the 20th year of service: 6 months

2. Continued wage payment during inability to work is owed regardless of the agreed duration of the employment relationship, from the beginning of the employment relationship.

3. Additionally, Articles 324a and 324b of the Swiss Code of Obligations (OR) apply.

1. The employer shall ensure that the employee is insured for medical care at their own expense in accordance with the provisions of the Federal Act on Health Insurance (KVG).

2. The employer shall insure the employee against the consequences of loss of earnings due to illness.

3. A daily sickness allowance of 80 percent of the agreed cash and in-kind compensation is to be insured from the 31st day of illness for a duration of 720 days within 900 calendar days.

4. The premium for the daily sickness allowance insurance shall be equally borne by both the employer and the employee.

1. The employed person is entitled to one full and one half day off each week. This free time must be granted every week and cannot be postponed or consolidated.

2. During this free time, the employed person may leave the house, is not available to the person being cared for, and does not perform on-call duty. Supervision of the person being cared for or assistance as needed must be arranged through other means.

3. The full day off also does not include any obligation for on-call duty in the evening and should, if possible, be granted on Sundays. If it is not possible to regularly grant the full day off on a Sunday, another weekday must be designated as the weekly day of rest.

1. If the employee is required to work on a public holiday that does not fall on a Sunday, they are to be granted an additional half day off.

2. After termination has taken place, the employee shall be granted the usual free hours necessary for the search for another job.

1. The employee is entitled to paid leave for the following events, without these days being counted against holidays or leisure time

1. Own wedding: 2 days

2. Wedding of children, siblings, or a parent: 1 day

3. Birth of own child: 2 days

4. In the event of death

a) of the spouse, registered partner, life partner, or a child: 3 days

b) of parents and siblings: 2 days

5. Own relocation (per year): 1 day

6. Military recruitment: 2 days

1. Employees are entitled to at least four weeks of vacation per calendar year.

2. Employees are entitled to at least five weeks of vacation

1. up to the completion of the 20th year of age;

2. after five years of service, if they have reached the age of 50.

3. The time during which the employee is on travel or vacation with the employer does not count as vacation unless a special agreement is made.

4. The vacations are generally to be granted within the respective calendar year; at least two vacation weeks must be consecutive.

5. The employer determines the timing of the vacations and takes the employee's wishes into account as far as they are compatible with the interests of the business or household.

6. During the vacations, the cash wage and, if meals are provided free of charge, a meal allowance must be paid. The latter is determined according to the valuation of in-kind remuneration in accordance with AHVV or according to a special written agreement.

**1. The Employee Residing in the Same Private Household as the Person Receiving Care is Entitled to:**

1. Respect for their privacy;

2. Healthy and sufficient nourishment. The employee may request the right to prepare their own meals and is entitled to shared use of the kitchen and kitchen utensils;

3. A lockable single room. This room must

a) meet hygiene requirements;

b) be well-lit with natural and artificial light;

c) be adequately heated and ventilated;

d) be sufficiently furnished, particularly with a bed, table, chair, and wardrobe or dresser;

e) be spacious enough to accommodate both the agreed presence time and leisure time;

4. Unlimited shared use of sanitary facilities, particularly the toilet, bathroom with shower or bath, and use of the laundry room.

1. The provisions regarding health protection are governed by Articles 6, 35, and 36a of the Labor Act.

1. Persons under the age of 18 may not be employed for the type of 24-hour care.

2. Furthermore, the protective provisions of the Labor Act and the Ordinance on the Protection of Young Workers (ArGV 5) apply to juveniles.

1. The working time documentation is to be signed weekly by all contracting parties. This document records the active working time and presence times, on-call duty, breaks, work assignments performed during presence times, active working time at night, and overtime.

2. A detailed monthly pay slip must be prepared and handed over to the employee within seven working days.

1. The employer has the obligation to provide each employee with a copy of this standard employment contract. This can be obtained from the cantonal labor office.

2. The same obligation applies in the event of amendments to this standard employment contract.

1. The employment relationship may be terminated at any time during the probationary period with a notice period of seven days. The probationary period is considered to be the first four weeks after the commencement of employment.

1. A fixed-term employment contract ends upon the lapse of the agreed duration without notice of termination.

2. An indefinite employment contract may be terminated by either party. Articles 335 et seq. of the Swiss Code of Obligations (OR) are applicable.

3. In the event of the death or institutionalization of the person being cared for, the commenced employment relationship terminates no earlier than 30 days following the occurrence of this event or upon the expiration of the term.

4. If the employer provides an apartment to the employee, the right to use the apartment ceases with the termination of the employment relationship. However, in the event of the employee's death, the right to continue using the apartment remains reserved during the period of the obligation to continue salary payments according to Article 338 of the OR.

1. The employee may at any time request a work certificate from the employer, which details the nature and duration of the employment relationship as well as their performance and conduct.

2. The work certificate must be issued without prompting no later than the last day of the employment relationship.

1. If the employment relationship of an employee who is at least 50 years old ends after 20 or more years of service, the employer is required to provide a severance compensation to the employee.

2. The amount and the due date of the severance compensation, as well as the consideration of substitute benefits, are governed by Articles 339b to 339d of the Swiss Code of Obligations.

1. The present Standard Employment Contract is also applicable to existing employment relationships.