Ordinance on the Standard Employment Contract for Agricultural Estate and Domestic Employees - Scope

1. This standard employment contract applies to all employment relationships in an agricultural enterprise or an agricultural household in the canton of Appenzell Ausserrhoden.

2. Excluded are employment relationships with persons who have the following relationship to the farm manager

a) Wife or husband;

b) Registered partner;

c) Relatives in the ascending and descending line, as well as their spouses or their registered partners.

3. For persons who are subject to an apprenticeship contract, the following provisions apply only insofar as the apprenticeship contract or vocational education law does not provide for different regulations.

4. Articles 6-8 shall not apply to alpine personnel for the duration of the alpine season.

1. The standard employment contract is deemed the contractual intent, unless something different has been expressly agreed upon in writing for specific contractual matters.

2. The mandatory provisions of federal and cantonal law remain reserved.

1. Employees are to be deployed according to their abilities and the needs of the business.

1. The probation period is one month.

2. It is two weeks if the employment relationship is entered into for less than four months.

3. It can be reduced or entirely waived by written agreement.

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

a) during the probationary period, at the end of a working week, with a notice period of three days;

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

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

2. Upon termination of the employment relationship, the employee's right to use the service apartment expires.

3. Provisions regarding protection against dismissal and the immediate termination of the employment relationship remain reserved (Art. 336 ff. CO).

1. The daily working time shall be ten hours. A quarter-hour break per half-day is included in the working time. A generally unpaid break of one hour is to be granted over lunch, which includes mealtime.

2. The contracting parties may agree on different working hours or seasonally varying working hours. In the case of seasonally varying working hours, the regular working time shall not exceed the maximum duration stipulated in paragraph 1 when averaged over the year.

3. Employees under the age of 18 are to be granted a daily rest period of at least ten consecutive hours.

1. Employees are required to work overtime in urgent cases, provided it is reasonable according to good faith and they are able to do so.

2. Employers determine whether the overtime work is compensated by a 25 percent wage supplement or offset by compensatory time off of at least equal duration.

3. Employers must maintain an accurate record of overtime. Overtime hours must be documented at the end of each month.

4. Payment for overtime work is made with the regular wage payment. Compensation by time off occurs within one year.

1. Employees are entitled to one and a half days off work per week. At least one day off per month must be a Sunday.

2. On Sundays and public holidays, work is to be restricted to the minimum necessary for operations.

3. A Sunday or public holiday is considered a half day off if the working time is less than four hours and occurs exclusively in the morning or evening.

4. When determining the free time, appropriate consideration is given to the needs of the contracting parties.

1. The following entitlement to paid vacation per year exists

a) Young people up to the age of 20: 5 weeks

b) From the age of 50: 5 weeks

c) All others: 4 weeks

2. For a partial year of service, vacation is to be granted corresponding to the duration of the employment relationship in the respective service year.

3. Employers determine the timing of vacations. Employee preferences should be considered as far as they are compatible with the interests of the business or household. Vacations can be divided by mutual agreement, with at least two weeks of vacation per service year required to be taken consecutively.

1. Employees are entitled to leave for the following events without these days being counted as rest days or vacation

a) 3 days: own marriage or registration of partnership, death of a spouse, death of a partner, death of a child, or death of a parent;

b) 2 days: partner's childbirth;

c) 1 day: baptism or marriage of a child, death of siblings, parents-in-law, sister-in-law or brother-in-law, moving to a new residence.

1. If employees are entitled to board and lodging, this entitlement also exists during holidays, leisure time, and vacation. If the provision of board ceases, employers are required to pay a board money compensation according to the rates of the AHV.

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

2. Courses and lectures shall not be counted against holidays and leisure time if their attendance was mandated by the employers or approved during working hours.

1. The remuneration shall correspond to the area of responsibility, level of education, and skills of the employees. It is to be reviewed at least once a year and adjusted in consideration of performance, years of service, and any possible inflation.

2. If the employees reside with the employers in a common household, board and lodging shall form part of the remuneration. Board and lodging are valued according to the rates of the AHV (Swiss Old Age and Survivors Insurance).

3. Family and child allowances shall not be taken into account when determining the remuneration and are to be paid to the employees without deductions.

1. The wage, including any applicable allowances, must be paid by the end of each month at the latest.

2. Employers must provide employees with a written payslip at the time of wage payment at the latest, clearly showing deductions and allowances. The payslip must also provide accurate records of overtime, days off, and vacation entitlements.

1. From the first month's salary, the following may be withheld

a) Expenses advanced by the employer for job placement and travel to commence employment;

b) Up to one-quarter of the first month's salary as security for other claims by the employer.

2. The total salary retention may not exceed half of the first month's salary.

3. It is to be managed according to the provisions on security deposits pursuant to Article 330 of the Swiss Code of Obligations (OR).

1. If the employment relationship has been entered into for a duration of more than three months or has lasted more than three months, and employees are prevented from performing work due to reasons inherent to their person, such as military or civil protection service, illness, accident, pregnancy, childbirth, or fulfillment of legal obligations, without their own fault, they are entitled to receive pay after the probationary period as follows

a) one month during the first and second year of service;

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

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

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

2. Compensation for loss of earnings from an income loss insurance which is at least half-financed by the employers (including the Federal Loss of Earnings Compensation EO), is owed to the employers within the scope of their obligation to continue salary payments.

**1. Employees are entitled to a loyalty bonus in the amount of:**

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

b) half a 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 according to the average monthly salary of the reference year.**

**3. If employees wish to receive the loyalty bonus in whole or in part in the form of vacation, they shall inform the employers in a timely manner. A loyalty bonus of one monthly salary entitles them to take 22 working days of vacation. A loyalty bonus of less than one monthly salary results in a correspondingly lower vacation entitlement.**

1. Employees must be insured with the state social insurance schemes (AHV, IV, EO, AVI, FLG). Employers are obligated to cover at least half of the premiums for AHV, IV, EO, AVI, and the entire premium for family allowances.

1. Employers are required to enroll employees in a pension fund in accordance with the Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans. They must cover at least half of the premium.

1. Employees are to be insured according to the provisions of the Federal Act on Accident Insurance. The premium for occupational accident insurance is to be borne by the employers. The premium for non-occupational accident insurance may be deducted from the employees' wages.

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

2. They monitor that employees have health care insurance in accordance with the provisions of the Federal Act on Health Insurance.

3. In the absence of a sickness daily allowance insurance, employers are liable to the employees to the extent that the employees would receive benefits from an existing insurance.

1. Employees are required to report any potential inability to work to their employer without delay. If the inability to work lasts more than three working days, they must voluntarily provide a doctor's certificate.

1. The provisions of the employment law are applicable to pregnant women and nursing mothers.

2. The provisions of the employment law regarding the minimum age are applicable to young people.

3. Employers are obligated to take adequate measures to ensure work hygiene, occupational safety, accident prevention, and general damage prevention in order to protect the health and life of employees. Employees are obligated to comply with and support these measures.

4. Employers are obligated to comply with the provisions of the EKAS Guideline 6508 regarding the engagement of occupational physicians and other occupational safety specialists.

1. Upon termination of the employment relationship, employees aged 50 and above, 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) Over 40 years of service: 6 months' salary

2. Furthermore, the employer's obligation to pay severance compensation, including the elimination of compensation due to substitute benefits, is governed by Art. 339b ff. of the Swiss Code of Obligations (OR).

1. Employees are liable to employers for damage caused intentionally or through negligence.

2. In cases of minor negligence, they are only liable in the event of recurrence.

1. For disputes arising from the employment relationship, the legal venue may be chosen as either the place of residence of the defendant or the place of work.

1. The employers shall provide the employees with a copy of this standard employment contract at the commencement of the employment relationship.

1. The Standard Employment Contract for Operational and Domestic Employees in Agriculture dated December 8, 1986, is hereby repealed.

1. This regulation shall enter into force on January 1, 2009.