Order Relating to the Standard Employment Contract for Domestic Service and for Young Workers, dated July 3, 2023 - Scope of Application

1. This contract governs the employment relationships between domestic workers in private or collective households on the one hand, and their employers on the other, when there is a domestic community. The working relationships with young au pair workers are included here.

2. The general provisions are applicable to young au pair workers and domestic workers employed for 24-hour care, insofar as Chapters 2 and 3 do not provide otherwise.

3. It is applicable throughout the entire territory of the Canton of Neuchâtel.

4. It does not apply

a) to apprentices benefiting from an apprenticeship contract, unless the standard employment contract is more favorable to them;

b) to domestic employees of households involved in agricultural operations.

1. The provisions of this standard employment contract are applicable insofar as the clauses of an individual employment contract or a collective agreement do not derogate from them.

2. Deviations from the provisions concerning

n) salary for presence time (art. 33),

must be made in writing, unless they are more favorable to the worker.

3. No derogation to the detriment of workers is possible regarding the minimum wage as per Article 32d of the Employment Act and the minimum wages set forth by the federal ordinance on the standard employment contract for domestic workers.

At the time of employment, the employer shall provide the worker with a copy of this standard employment contract; subsequently, the employer shall provide him or her with any amendments.

1. The employee is required to perform with care the tasks assigned to them.

2. They must observe the workplace rules, maintain a proper attitude, and demonstrate discretion.

1. The employer must ensure the well-being and health of the employee.

2. The employer must treat them appropriately and demand the same attitude from their close associates.

**1. The maximum duration of the workweek is 50 hours.**

2. The maximum daily working time is 9 hours, and the workday ends at 8 PM.

3. The workday includes a 15-minute paid break for each half-day of work.

4. An unpaid break of at least one hour is granted for lunch, during which the employee has the right to leave the workplace. If the employee performs work during meal times upon order, these are counted as working hours.

5. When setting the work schedule, the employer must consider the employee’s interests to an extent compatible with their own. It must be agreed upon in writing or set at least two weeks in advance.

6. The employer maintains a written record of the hours worked and has it signed by the employee each month.

The daily rest period must last consecutively at least twelve hours for workers who have not reached the age of 20 and eleven hours for other workers.

1. The employee is entitled to one and a half days of weekly leave, generally including Sunday.

2. If a half-day of leave is granted in the morning, the employee resumes work at 1 p.m. at the earliest. If the half-day is granted in the afternoon, there is no obligation to return to work in the evening.

3. The employee is entitled to the following public holidays: January 1st, March 1st, May 1st, Good Friday, Ascension, August 1st, and Christmas, as well as January 2nd and December 26th when January 1st or Christmas falls on a Sunday.

4. An employee who is paid monthly and required to work on public holidays is entitled to a paid day off as compensation, to be taken within 4 weeks before or after the holiday. This rule applies to hourly paid employees who work on August 1st.

**1. The Employee is Obligated to Perform Additional Temporary Tasks**

1. The employee is required to perform additional temporary tasks, up to a total weekly duration of 60 hours and 170 hours per calendar year, outside of their usual work or designated presence time, when these are necessitated by special circumstances and do not risk compromising their health.

2. Overtime work is compensated at 125%. If the employer offers and the employee accepts, the overtime work will not be paid, but will instead be compensated with time off of the same duration. This compensation must be granted within three months.

1. Young employees up to the age of 20 are entitled to 5 weeks of paid vacation per year.

2. Once they reach the age of 20, the duration of paid vacation is at least 4 weeks.

3. Employees with at least 10 years of service with their employer, or who are 50 years old with 5 years of service, are entitled to 5 weeks of vacation.

4. The employer must set the date of the vacation at least two months in advance, taking into account the employee's preferences as far as possible while balancing the interests of the household.

5. Periods during which the employee is traveling or on vacation with their employer do not count as vacation time, unless otherwise agreed in advance.

6. During their vacation, the employee is entitled to their salary in cash and, as far as they receive benefits in kind from the employer, to compensation that must be adequately determined but cannot be lower than the amount provided by the standards applicable in the area of federal old-age and survivors' insurance.

In the absence of the employer, the worker is entitled to their wages and maintenance.

1. The employee is liable for the damage he or she causes to the employer either intentionally or through negligence.

2. However, he or she is not liable for slight and isolated negligence that has resulted in only minor damage.

3. The employee must immediately report any damage he or she has caused, and the employer is deemed to have waived the right to claim compensation if it has not been done within one month from the time the employer became aware of the damage.

1. The worker is entitled to a cash salary and, insofar as the contract provides, to benefits in kind (accommodation, food, and laundry).

2. The cash salary is determined by the parties based on the work assigned. It is payable at the end of each month.

3. If food and accommodation are provided by the employer, they may deduct from the salary a maximum amount provided for under the standards of old-age and survivors' insurance concerning benefits in kind.

4. The gross minimum hourly wage, excluding supplements for paid holidays and public holidays, is set out in Article 5 of the Federal Ordinance on the Standard Employment Contract for Domestic Workers. It cannot be less than the minimum amount of the minimum wage as per Article 32d of the Employment Act (LEmpl).

5. In the event that the Federal Ordinance on the Standard Employment Contract for Domestic Workers is not extended, the gross minimum hourly wage is

a) the minimum wage amount as per Article 32d LEmpl for unskilled workers;

b) 21.40 francs per hour, but at least the minimum wage amount according to letter a, for unskilled workers with at least four years of professional experience in domestic work and for skilled workers holding a federal vocational training certificate;

c) 23.55 francs per hour, but at least the minimum wage amount according to letter a, for skilled workers holding a federal certificate of competency.

6. The minimum wages referred to in paragraph 5, letters b and c, are adjusted annually according to changes in the Swiss Consumer Price Index for the month of August of the preceding year, the base index being that of August 2022.

1. Food must be healthy and sufficient. The worker may request to prepare their own meals; in such cases, they have the right to use the kitchen and cooking utensils.

2. The employer must provide the worker with a suitable, illuminated, and heated room that meets hygiene requirements, is lockable, contains a personal bed along with essential furniture, and is spacious enough to accommodate the agreed presence and free time. The employer is also obligated to provide the worker with appropriate sanitary facilities and access to a laundry.

3. The worker is entitled to unlimited and free access to the Internet under conditions that respect their private sphere.

If the worker is prevented from performing their work without any fault on their part, due to reasons inherent to their person, such as illness, accident, pregnancy, fulfillment of a legal obligation, or public duty, they are entitled within 12 months to

a) the full salary for one month of impediment during the first year of service;

b) the full salary for 2 months of impediment during the second year of service;

c) from the third year of service, a longer duration equitably set considering the length of employment and particular circumstances.

**1. Employer Registration of Employees for Mandatory Social Insurance**

The employer shall register all workers with the mandatory social insurances, namely

a) old-age, survivors and disability insurance, as well as unemployment insurance and the federal compensation scheme for loss of earnings;

b) mandatory accident insurance for employees;

c) the federal occupational benefits scheme;

d) a family allowance fund recognized in the canton.

**2. The employer is also obligated to ensure that:**

a) the worker is insured for medical and pharmaceutical care and hospitalization;

b) applications for family allowances are submitted in a timely manner to the competent fund.

1. If the contract has not been concluded for a fixed term and its duration does not result from the purpose for which the work was promised, the first month is considered as a trial period.

2. During this period, each party may terminate the contract with 3 days' notice effective at the end of a week.

The notice must be given in writing.

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 must pay the employee compensation equivalent to the amount of salary for 2 to 8 months in accordance with the provisions of Articles 339b to d of the Code of Obligations.

2. The amount of compensation is equivalent to 2 months' salary after 20 years of service, 3 months after 23 years of service, 4 months after 26 years of service, 5 months after 29 years of service, 5 months after 32 years of service, 6 months after 35 years of service, 7 months after 38 years of service, and 8 months from the 39th year onwards.

Subject to the exceptional provisions below are young men and young women participating in an au pair program, that is, persons who have completed compulsory schooling, aged at least 15 and no more than 30 years, who commit to a private household in exchange for food, accommodation, laundry, and pocket money, with the intention of improving their language skills or acquiring training.

The legal provisions applicable to EU/EFTA nationals and nationals of third countries are reserved.

If the worker is a minor, the parties and the legal representative of the minor agree in writing, prior to the commencement of employment, to what extent the minor will not share the life of the host family and what their degree of independence should be.

If the employer requests the worker to appear in person before the conclusion of the contract, they shall reimburse the worker for their travel expenses in Switzerland.

Unless otherwise agreed, the duration of the contract is set at one year.

1. The duration of work must not exceed 30 hours per week.

2. The worker cannot be required to perform overtime.

1. The worker is entitled to at least one and a half days off per week, which in principle includes the entirety of Sunday.

2. She or he is entitled to at least three additional free evenings per week.

3. Within the limits of household requirements, the worker may allocate the necessary time to carry out their essential personal activities.

1. The worker must attend instruction for a minimum of 4 hours per week at an accredited school. The tuition fees are the responsibility of the worker.

2. When setting the work schedule, the employer must ensure that the worker is given the necessary free time to attend classes and prepare for them.

Pocket money shall amount to at least

a) 550 to 750 francs per month until the age of 20;

b) 750 to 1,000 francs per month after the age of 20.

1. Workers employed in 24-hour care as defined by this standard employment contract are those who provide domestic services in the form of household aid and assistance to vulnerable individuals such as the elderly, the sick, and persons with disabilities. They accompany, support, and keep them company, and for this reason, reside in the home of the assisted person. These domestic services do not include any medical or nursing care as stipulated by the federal ordinance on insurance care services.

2. It is not permissible to employ workers under the age of 18 for this type of employment.

1. The contractual weekly working time is 44 hours for a 24-hour assistance. The calculation of the weekly working time only considers active working hours, excluding on-call time and breaks.

2. In the case of shorter assistance durations, a minimum of 7 hours of active work per worked day or half of the agreed working time is counted.

1. The weekly rest period consists of one full day (24 hours) and one half-day per week of 8 hours. It must be granted each week. These rest periods cannot be split, postponed, or compensated collectively.

2. The employed person may leave the premises during the weekly rest period and is not available to the assisted person. During this time, the supervision and potential care of the assisted person must be otherwise ensured.

Time spent by the worker within the home or in the rooms occupied by the assisted person without performing active work, but remaining at the disposal of the assisted person, is considered presence time. The same applies to time spent outside the home during which the worker must be reachable by phone at any time if necessary.

**1 In the case of 24-hour care, the presence time during day and night must be compensated as follows:**

a) at 10% of the hourly wage for assisted persons for whom the worker does not intervene, or only occasionally (up to three times per week on average per month or pay period during the night);

b) at 15% of the hourly wage in case of regular interventions at night (once per night on average per month or pay period);

c) at 20% of the hourly wage for frequent interventions (two to three times per night on average per month or pay period).

**2.** The applicable rate choice is determined by the actual number of night interventions carried out.

**3.** If an intervention during presence time requires active work, the corresponding duration is considered as active work, remunerated at full rate with the corresponding supplements.

1. During the nighttime interval between 11 p.m. and 6 a.m., there is nocturnal rest, and no active work is scheduled.

2. The time during which the worker can leave the house and is not at the disposal of the assisted person, nor on call via telephone, is considered a break.

3. The worker is entitled to a break of at least two hours per day. If multiple interventions had to be performed during the previous night, the break is at least four hours.

4. The meal taken together and the regular activities agreed upon in the employment contract with the assisted person are considered as active working time.

The worker employed in 24-hour care may leave the home during the weekly leave and is not at the disposal of the assisted person.

The standard employment contract applies to ongoing contracts upon its entry into force.

1. The ordinance concerning the standard employment contract for domestic service, of May 5, 1988 [3], is repealed.

2. The ordinance concerning the standard employment contract for young au pair workers, of March 13, 1991 [4], is repealed.

1 This standard contract enters into force on August 1, 2023.

2. It will be published in the Official Gazette and included in the Collection of Neuchâtel Legislation.