Decision of the Government Council on the Standard Employment Contract for Agricultural Employees (NAV Agriculture) (NAV Landwirtschaft) - 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 employees who are exclusively or predominantly employed in an agricultural enterprise or subsidiary operation.

3. The standard employment contract also applies to internships, au pair arrangements, and apprenticeships, provided no differing regulations exist.

1. This standard employment contract does not apply to persons who are in the following relationships with the employer

1. Spouse;

2. Registered partner;

3. Relatives in the ascending or descending line;

4. Sons-in-law or daughters-in-law, provided they are likely to take over the business for independent operation;

5. Cohabiting partner.

2. It does not apply

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

2. to agricultural employees who are subject to a generally binding collective labor agreement (GLA). For points not covered in the GLA, this standard employment contract applies additionally.

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

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

2. The blanket exclusion of regulations is not permitted.

1. Insofar as 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 shall apply.

2. For individuals subject to an apprenticeship contract, the following provisions shall apply only to the extent that the apprenticeship contract or vocational training law does not provide for different regulations.

1. Working time is the time during which the employee performs work or must be available on the agricultural enterprise, subsidiary operation, or household.

2. The time during which the employee offers their work but the work cannot be performed due to the fault of the employer, or the employer is in default with accepting the work performance, is also considered as working time.

3. The following is not considered as working time

1. the 15-minute break per half-day pursuant to § 10 para. 1;

2. the lunch break pursuant to § 10 para. 2.

1. Working hours shall be determined in accordance with the operational requirements of the business.

2. They shall not exceed 55 hours per week and 2,750 hours per calendar year.

3. The contracting parties may agree on summer and winter working hours due to seasonal conditions, provided that the average weekly working hours are maintained.

1. Overtime hours are those hours that exceed the contractual weekly working hours.

2. The employee is required to perform reasonable overtime when needed, provided it is necessary for operational reasons and acceptable. Overtime is compensated with equivalent time off or an additional wage supplement in accordance with § 15.

3. The employer must maintain a clear record of overtime hours. Overtime must be documented at the end of each month.

1. Overtime refers to those hours which exceed the maximum working hours as stipulated in § 7.

2. The maximum working hours may exceptionally be exceeded due to the urgency of the work, extraordinary workload, to avoid or resolve operational disruptions, or seasonally induced differing working hours.

3. Compensation and settlement shall be offset with corresponding time off or an appropriate wage supplement in accordance with § 15.

4. The employer is required to record overtime in writing and to indicate it in the monthly payroll or, in the case of seasonally induced working hours, at the end of the season.

1. Daily work must be interrupted by appropriate breaks. The employee is entitled to at least a 15-minute break per half-day.

2. The lunch break or a comparable work interruption usually lasts an hour, but at least 30 minutes. This includes mealtime.

3. A break is considered the time during which the employee is not available to the employer.

1. During the period between 10:00 PM and 5:00 AM, there is a nighttime rest period, and no working hours are scheduled.

1. The daily rest period shall be at least eight consecutive hours.

2. The employee shall be granted an average daily rest period of at least ten hours over a period of two weeks.

3. An employee who has not yet reached the age of 18 shall always be granted a continuous daily rest period of at least ten hours.

1. The gross monthly salary shall correspond to the job responsibilities, level of education, and abilities of the employee.

2. The minimum rate is based on the current "Wage Guidelines for Non-Family Employees in Swiss Agriculture, including Agricultural Domestic Work."

3. The family and child allowances are governed by the Federal Law on Family Allowances in Agriculture. They must not be considered when determining the salary and should be paid without deductions.

1. If the employee resides in a household with the employer, the employer must provide adequate board and suitable accommodation. These benefits are considered as remuneration in kind.

2. The value of remuneration in kind is determined according to the standards set by the Ordinance on Old-Age and Survivors’ Insurance (OASI).

3. Any remuneration in kind must be agreed upon in writing.

4. If the employee's salary consists of both cash and remuneration in kind and the remuneration in kind is not fully provided as per the agreement, it shall be substituted with an equivalent cash compensation.

5. The entitlement to remuneration in kind also applies during vacations, days off, maternity leave, and involuntary absence from work.

1. For night work according to § 11, a night work supplement of 25 percent is owed.

2. For overtime, a supplement of 25 percent is owed, unless it is compensated with time off.

3. The wage supplement for overtime work is determined by the Employment Act (ArG).

1. The salary, including any possible family and child allowances, as well as any applicable wage surcharge, shall be paid, subject to paragraph 2, no later than the end of each month with a written statement.

2. In the case of seasonal work, any applicable wage surcharge shall be paid at the end of the season.

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 due to reasons inherent in their person, such as illness, accident, fulfillment of legal obligations, or the exercise of a public office, without their fault, they are entitled to the corresponding salary, including reasonable compensation for lost in-kind remuneration

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. Salary continuation during inability to work is owed from the beginning of the employment relationship regardless of the agreed duration of the employment relationship.

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

1. The employer is responsible for ensuring that the employee obtains health care insurance at their own expense in accordance with the provisions of the Federal Health Insurance Act (KVG).

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

3. The insurance must cover a daily sickness allowance amounting to 80 percent of the agreed monetary and in-kind wages from the 31st day of illness for a period 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 employee is entitled to one full day and one half day off each week. If this time off cannot be granted due to urgent operational reasons, it must be compensated for within the following three months or the corresponding working time must be paid out as overtime.

2. At least two full days off per month must fall on a Sunday.

3. Under special circumstances, and with the employee's consent, it may exceptionally be permitted to grant several consecutive days off or to allocate two half days off instead of one full day off.

4. When requesting and granting time off, due consideration must be given to the needs of both contractual parties.

**1. On Sundays and public holidays, work must be limited to the operationally necessary minimum. If the working hours on a Sunday or public holiday are less than four hours and occur only in the morning or evening, the Sunday or holiday is counted as a half-day off.**

**2. The National Day on August 1 and the legally designated holidays set by the canton are considered additional days off.**

**3. Public holidays that fall during vacation are not considered vacation days.**

**4. Public holidays that occur while the employee is unable to work as per § 18 cannot be compensated later.**

**5. After termination, the employee is to be granted the usual free hours necessary to seek another job.**

1. The employee is entitled to paid leave for the following events, without these days being deducted from vacation or free time

1. Own marriage: 2 days

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

3. Birth of one's 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. For personal 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. until the completion of their 20th year of age;

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

3. Vacations are generally to be granted during the course of the respective calendar year; at least two weeks of vacation must be consecutive.

4. The employer determines the timing of the vacation and takes into account the employee's preferences as much as possible, provided this is compatible with the interests of the business or household.

1. The employer shall respect and protect the personality and health of the employee.

1. The employer is obligated to take adequate measures to ensure occupational hygiene, workplace safety, accident prevention, and general damage prevention in order to protect the health and life of the employee.

2. The employer is obligated to comply with the regulations according to the EKAS (Directive 6508) regarding the engagement of occupational physicians and other occupational safety specialists.

3. The employee is obligated to adhere to and support these measures.

4. If the employment relationship is associated with accommodation, the employee is entitled to accommodation that is sufficient in both quantity and quality.

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

1. The protective provisions of the Labour Act and the Youth Employment Protection Ordinance (ArGV 5) apply to young persons.

1. The working time documentation must be signed off monthly by all contracting parties. This document records the hours worked, breaks, holidays, and any overtime.

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

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

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

3. The employer must provide the employee with the "Wage Guidelines for Non-Family Employees in Swiss Agriculture Including Agricultural Household Management" at the commencement of the employment relationship.

1. The employer promotes the professional training and further education of the employee within the scope of what is operationally possible.

2. Further training that occurs at the instigation of the employer shall be considered working time. The costs shall be fully borne by the employer.

3. In other respects, the employee has no entitlement to have training and further education counted as working time.

1. Secondary activities are only allowed for employees with prior written approval from the employer.

2. The exercise of public offices, which significantly affect working hours, is only permitted for employees with the consent of the employer.

1. Probationary Periods

1. The first two weeks, if the employment relationship is entered into for a duration of less than four weeks;

2. The first four weeks, if the employment relationship is entered into for more than four weeks or for an indefinite duration;

3. The first four weeks in the case of apprenticeship contracts.

2. The probationary period can be extended by written agreement to a maximum of three months.

3. The employment relationship can be terminated at any time during the probationary period with a notice period of seven days.

1. A fixed-term employment relationship terminates upon the expiration of the agreed duration without the need for notice.

2. An indefinite employment relationship may be terminated by either party. Articles 335 ff. of the Swiss Code of Obligations (CO) are applicable.

3. If the employer provides the employee with accommodation, the right to use the accommodation expires upon the termination of the employment relationship. However, in the event of the employee's death, the right to continue using the accommodation is reserved during the salary continuation obligation in accordance with Article 338 CO.

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

2. The work certificate must be issued without request 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 obligated to provide them with a severance compensation.

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

1. The present standard employment contract is applicable to existing employment relationships as well.