Ordinance concerning the Standard Employment Contract for Sales Personnel in the Retail Trade, dated May 13, 2009 - Scope of Application

1. This standard employment contract applies throughout the entire territory of the canton of Neuchâtel.

2. It governs the employment relationships between

a) retail businesses operating within the territory of the canton, regardless of the location of their headquarters; by retail business, it refers to all stores or premises at street level or above, with or without display windows, accessible to the clientele, that a commercial or artisanal enterprise uses, even occasionally or partially, for sales to consumers; and

b) the workers they employ, regardless of their mode of remuneration, with the exception of administrative staff, management members, and apprentices.

3. Managers are subject to this standard employment contract.

1. The provisions of this standard employment contract apply directly to employment relationships, unless the parties, within the limits set by law, agree otherwise, in accordance with paragraph 2, in an individual employment contract or in a collective employment contract, provided they do not contravene the provisions of a collective labor agreement.

2. Any agreement that deviates from this standard contract must be made in writing.

3. Mandatory federal law is reserved.

4. At the time of hiring, the employer shall inform the employee of the existence of this standard employment contract and keep a copy available for them.

**Trial Period Duration**

The trial period is one month. It may be extended by written agreement up to a maximum of three months. During the trial period, the employment relationship may be terminated with a notice period of 7 days.

**1. The maximum weekly working hours for a full-time position is 40 hours.**

**2. When setting the work schedule, the employer must take into account the interests of the employee, particularly their family obligations, to an extent compatible with those of the company.**

**3. The scheduling of work hours should be established as soon as possible but at least 21 days in advance.**

1. The employee may be required to perform overtime work as ordered by the employer if they are able to do so and if it is permissible within the rules of good faith to request it.

2. Overtime work must be compensated with time off of equivalent duration within 14 weeks.

3. If overtime cannot be compensated with time off of equivalent duration, it must be paid with a 25% premium.

The daily rest period for workers must last consecutively 11 hours, and respectively 12 hours for young individuals under the age of 18.

1. The worker is entitled to two days off per week. At least once a month, one of the two days off must fall on a Saturday.

2. When a public holiday coincides with the weekly day off, the weekly day off is not replaced; when the public holiday falls on another day of the week, the weekly day off remains.

The worker is entitled to paid leave for the following events

a) His/her marriage......................................................................... 3 days

b) Death of the spouse, registered partner, death of a child, adopted child, or of the father or mother..................................................... 3 days

c) Death of a close relative in the ascending or descending line......... 1 day

d) Birth of his/her child...................................................................... 3 days

e) His/her relocation........................................................................ 1 day

1. The employer grants the worker at least four weeks of vacation for each year of service.

2. Until the age of 20 and starting at the age of 50 with 5 years of service in the company, the right to vacation is at least five weeks.

3. Paid leave as defined in Article 8 must not be deducted from the vacation time.

1. The salary must correspond to the tasks, the level of education, the skills, and professional experience, as well as the years of service of the worker.

2. The salary must be paid monthly twelve or thirteen times a year.

3. The minimum annual base salaries are as follows

– skilled worker ......................................................................... CHF 43,800.–

By unskilled worker, it is understood to mean a worker who has not completed any training after completing compulsory schooling and who does not have professional experience.

4. Salaries are adjusted at the beginning of each year, starting in 2010, according to the Swiss consumer price index of October of the previous year. The reference index is that of January 2009.

Workers must immediately inform the employer of any potential inability to work, with the employer reserving the right to request a medical certificate.

The provisions of the Code of Obligations concerning the employment contract and the Labor Act in Industry, Crafts, and Commerce (LTr), dated March 13, 1964, apply to all matters not regulated by the standard employment contract.

The standard employment contract for sales personnel in retail trade, dated March 13, 1991 [4], is repealed.

1. This standard employment contract shall enter into force on September 1st, 2009.

2. It will be published in the Official Gazette and inserted into the Neuchâtel Legislation Compendium.