2 Private Law - Civil Procedure - Enforcement - 22 Additional and Implementation Provisions of the Code of Obligations - 225 Employment Contract - I. Scope and Effects

The standard employment contract applies to all employment relationships between workers employed in an agricultural enterprise in the canton of Neuchâtel or in a household dependent on such an enterprise, on the one hand, and their employers, on the other hand.

1. Standard Employment Contract

The standard employment contract reflects the parties' intention to contract, provided that nothing else is agreed upon in writing for certain parts of the contract.

2. Apprenticeship Provisions

The following provisions apply to apprentices unless the apprenticeship contract or professional training law stipulates otherwise.

3. Mandatory Law of the Confederation and the Cantons

The mandatory law of the Confederation and the cantons remains reserved.

The trial period is one month and applies to both fixed-term and indefinite-term employment relationships.

1. During the probationary period, the employment contract may be terminated at any time, subject to a notice period of 7 days.

2. After the probationary period, an indefinite duration employment contract may be terminated at the end of a month, taking into account the following notice periods

1. 1st year of service - 1 month;

2. 2nd and 3rd years of service - 2 months;

3. 4th year of service and beyond - 3 months.

3. If fixed-term employment relationships may be terminated after the probationary period, the parties must agree to this in writing.

4. If the employment relationship includes accommodation, the right to use it ends at the same time as the employment relationship. Employment law takes precedence over tenancy law.

5. The provisions on immediate termination as per Articles 337, 337a, 337b, 337c, and 337d of the Swiss Code of Obligations (CO) remain reserved.

6. The provisions on protection against dismissal as stipulated in Articles 336, 336a, 336b, 336c, and 336d of the CO are applicable.

"The employee must be hired based on their abilities and the needs of the business operation."

1. To the extent possible, participation in courses and lectures serving training and continuing education should be facilitated by the employer, up to a maximum of 5 days per year.

2. Participation in courses and lectures shall not be deducted from vacation and weekly leave when it has been agreed upon with the employer or if participation during working hours has been authorized by the employer.

[4] 1 The average weekly working hours amount to 52 hours per year in farms with livestock management and 50 hours for others.

2. The worker is entitled to an uninterrupted nightly rest of at least 9 hours. For employees under the age of 19, this duration is extended to 10 hours.

3. Overtime hours mandated by the employer are subject to the following conditions

a) Up to 50 hours per year: they must be compensated by equivalent additional leave or vacation or paid during the service year;

b) From the 51st hour per year: they must be compensated by additional leave or vacation with a 25% increase in duration or paid with a 25% higher salary during the service year.

In case of need, the employee is required to perform additional work that is reasonably exigible, up to a maximum of 10 hours per week and up to a maximum of 25 hours per month.

1. The employee is entitled to one and a half days of leave per week. If this cannot be granted, it must be compensated within the next three months. Failing that, the uncompensated time must be paid as overtime.

2. At least two days of leave per month must coincide with a Sunday; if this is not possible, the right to weekly leave is increased by 25%.

3. On Sundays and public holidays, work within the establishment must be limited to the bare minimum. On a Sunday or public holiday, when the work does not exceed 4 hours and must be performed either in the morning or in the evening, the Sunday or public holiday is considered a half-day of leave.

4. The needs of both parties will be taken into account in claiming and granting the weekly leave.

5. In addition, the worker has leave on legal public holidays, namely January 1st, March 1st, Good Friday, Ascension Day, August 1st, and Christmas Day, as well as January 2nd and December 26th, when January 1st, respectively December 25th, falls on a Sunday.

**1. Annually, vacations must be granted as follows:**

a) 5 weeks;

b) 5 weeks;

c) other persons

4 weeks.

**2. For incomplete years, the right to vacation is granted prorated over the course of the respective year.**

**3. The employer decides the timing of the vacation. Employee preferences shall be considered as long as these are compatible with the interests of the business or household service. Vacations can be arranged by mutual agreement. However, two weeks per year must be taken consecutively.**

During the following events, the employee is entitled to the following leaves, which shall not be counted as weekly rest days or vacation days

3. marriage of the employee, death of a spouse, death of a child or a parent;

2. wife’s childbirth;

1. moving day (once per year of service);

1. child’s baptism and marriage, death of siblings, parents-in-law, sisters-in-law and brothers-in-law.

If the employee is entitled to food and lodging, said entitlement also applies during vacations, weekly and extraordinary leave. If food is not required, the employee is entitled to a corresponding allowance, according to the AVS rates.

[5] 1 The gross minimum wage is set at 17 francs per hour or 3,684 francs per month.

2. The wage is adjusted annually according to the consumer price index (CPI) of the previous year's August, with the base index being that of August 2014.

3. If the employee resides in the employer's household, board and lodging are integral parts of the salary. Board and lodging are accounted for according to the AVS rates.

4. When determining the salary, family and child allowances are not considered. They are paid in full to the employee, without any deduction.

1. The salary, including allowances, must be paid by the 28th of each month-end.

2. The employer must provide the employee with a salary statement no later than at the time of payment. The statement must detail deductions and supplements. The salary statement must also provide information on overtime, leave days, and holidays already taken.

1. If the employment relationship is scheduled to last more than three months or if it indeed lasts more than three months, and the employee is unable to work due to reasons not attributable to any fault of their own and inherent to their person, such as illness, accident, fulfillment of a legal obligation, or the exercise of a public duty, they are entitled to compensation in cash and in kind. The entitlement is as follows

1. months;

2. months;

3. months;

d) from the 11th year of service

4. months

2. In the case of pregnancy and childbirth, the obligation to pay the salary applies under the same conditions.

3. The loss of income compensation from the income loss insurance, which is funded by the employer at least half, is awarded to the employee. In this case, the salary is not paid.

[6]

The employee must be insured with the official social insurances (OASI, DI, APG, etc.). The employer is obligated to cover half of the premiums, as well as the full premium for family allowances.

The employer must insure the employee with a pension fund in accordance with the Federal Law on Occupational Retirement, Survivors, and Disability Pension Plans. The employer must cover at least half of the premiums.

**The employee must be insured according to the Federal Accident Insurance Act (LAA). The premiums for occupational accident insurance must be covered by the employer. The premiums for non-occupational accident insurance may be deducted from the employee's salary.**

1. Mandatory Health Insurance is governed by the Federal Health Insurance Act (LAMal) of March 18, 1994, and its federal and cantonal implementing provisions. The employer must ensure that the employee is insured at their own expense for medical and pharmaceutical care.

2. The employer is required to insure the loss of salary in case of illness for a daily indemnity of 80% of the gross salary after a waiting period of 30 days, for a duration (with deduction of the waiting period) of 720 days within a span of 900 calendar days. The employer is obligated to cover at least half of the premiums.

The employee is invited to take out a civil liability insurance at their own expense.

The employee is required to inform the employer, without delay, of any potential incapacity to work. If it lasts more than three working days, the employee is obliged to proactively present a medical certificate.

1. The provisions for the protection of pregnant women and nursing mothers according to the law on labor in industry, crafts, and commerce, dated March 13, 1964, are applicable.

2. The provisions of the said labor law regarding the minimum age are applicable.

3. The employer is required to take appropriate measures to ensure work safety and work hygiene, to prevent accidents, and to avert risks that could endanger the health and lives of employees. The employee is obligated to comply with and support these measures.

4. The employer is required to adhere to the provisions of guidelines concerning the engagement of occupational physicians and other safety specialists at work as per CFST 6508. It is recommended that the employer follow the solution provided by the Swiss Farmers' Union branch.

1 In the event of departure, an employee aged 50 and over, after 20 years or more of service, is entitled to the following severance pay

20 to 25 years of service

2 months' salary;

26 to 30 years of service

3 months' salary;

31 to 35 years of service

4 months' salary;

36 to 40 years of service

5 months' salary;

more than 40 years of service

6 months' salary.

2. If the employee receives benefits from an occupational welfare institution, these may be deducted from the severance pay, provided that the benefits were financed by the employer (employer's contributions).

3. For substitute benefits, the provisions of Article 339d of the Code of Obligations (CO) are applicable.

[7] 1. Disputes arising from employment relationships are brought before the Civil Court.

2. The procedure is governed by the Code of Civil Procedure (CPC) dated December 19, 2008 [8].

In 2003, by way of derogation from the provision of Article 13, paragraph 1, the minimum gross monthly salary for an unskilled employee in the first year of employment amounts to 2,925 francs.

The employer must provide each employee with a copy of the standard employment contract. The same applies in the event of any modification to the standard employment contract or in the event of changes to the working conditions falling under the provisions of the CO.

[9] 1 The order regarding the standard employment contract for agriculture, dated January 16, 1985 [10], is repealed.

2. The Department of Territorial Development and Environment is responsible for the implementation of this order, which will be published in the Official Gazette and inserted into the Neuchâtel Legislative Collection.

3. The entry into force is set for January 1, 2003.