2 Private Law - Civil Procedure - Enforcement - 22 Supplementary and Implementing Provisions of the Code of Obligations - 225 Employment Contract - Chapter One Scope and Effects

1. The present standard employment contract is applicable throughout the entire territory of the canton of Neuchâtel.

2. It governs the employment relationships between forestry contractors and their employees, regardless of the mode of remuneration (monthly salary or hourly wage).

3. It also applies to employment relationships between public entities and their employees when the engagement is made through a private law contract.

4. It does not apply to administrative staff.

5. It is applicable to apprentices provided that the apprenticeship contract or the legislation on vocational training does not stipulate other rules.

1. The provisions of the standard employment contract are applicable as long as the clauses of an individual employment contract or a collective agreement do not provide otherwise.

2. Any deviations from this standard employment contract must be made in writing, unless they are more favorable to the employees.

3. The provisions of the Code of Obligations related to employment contracts govern the remaining aspects of the relationship between employer and employee.

4. At the time of hiring, the employer must inform the employee of the existence of this standard employment contract and provide a copy if requested; an employer subject to a collective labor agreement is exempt from this obligation.

1. The probationary period is two months.

2. During this period, either party may terminate the contract with a notice period of 7 days.

1 After the probationary period, the indefinite-term contract may be terminated at the end of a month subject to the following notice periods

– fourth year of service and beyond: ................................ 3 months.

2. For the remainder, the provisions of the Code of Obligations, notably those relating to immediate termination and protection against dismissal, are applicable.

1 The standard average duration of work is 43 hours per week, distributed over 5 days. A 15-minute break per half-day is considered as working time.

2 Longer working hours conditioned by seasons, up to a maximum of 10 hours per day or 48 hours per week, are permissible without additional pay. These must be compensated within twelve months.

1. The employee is required to work overtime to the extent that they are able to do so and where the principles of good faith allow the employer to request it of them.

2. Overtime hours are paid without a supplement or compensated with equivalent time off.

The duration of vacation per calendar year is as follows

– 5 weeks, until the end of the calendar year in which the employee turns 20 years old;

– 4 weeks, from the age of 20 years;

– 5 weeks, from the age of 50 years;

– 6 weeks, from the age of 60 years.

The employee is entitled to paid leave days, except on Sundays or public holidays, on the following occasions

a) their marriage or registration of a partnership pursuant to the federal law on partnership [3] .............................................................................. 2 days;

b) the birth of a child......................................................................................... 2 days;

c) the death of a spouse or partner pursuant to the federal law on partnership, a child, father, or mother............................................................... 3 days;

d) the death of a brother, sister, or parents-in-law.......................................... 3 days;

e) military inspection....................................................................................... 0.5 day;

f) military inspection at a location far from the place of work........................ 1 day;

g) recruitment.................................................................................................... 2-3 days;

h) moving house (provided that the employment relationship is not terminated) .................................................................................................. 1 day.

1. Salary depends on the position, responsibility, professional skills, and experience of the employee.

2. The gross monthly salaries are as follows, excluding the thirteenth salary

e) Fr. 6112.– forest ranger.

3. These amounts correspond to minimum salaries that must be adjusted according to the employee's age and experience.

4. They are paid thirteen times a year, no later than the 25th day of each calendar month.

5. The salary is adjusted annually, on January 1st, for inflation according to the CPI.

In the event of a work stoppage due to inclement weather as defined in Article 14, the employer must pay 80% of the salary.

1. If the employment relationship lasts more than three months or is scheduled for a duration exceeding three months, and if the employee is prevented from working through no fault of their own due to reasons inherent to their person, such as illness, accident, fulfillment of a legal obligation, or the exercise of a public function, they are entitled to their salary. The entitlement is

– from the 11th year of service:............................................ 4 months.

2. The wage loss compensation from the loss of income insurance, which is financed by the employer at least partially, is payable to the employee. In this case, the salary is not disbursed.

1. If an employee aged at least 50 years is terminated after 20 years of service or more, the employer must pay the employee at least the following severance compensation

– more than 40 years of service:............................... 6 monthly salaries.

2. If the employee receives benefits from a professional provident institution, these may be deducted from the severance compensation to the extent that the benefits were financed by the employer, in accordance with Article 339d of the Swiss Code of Obligations.

1. The employer informs their employees about the dangers of accidents and illness and ensures that they are trained in the necessary safety measures.

2. They provide the necessary safety equipment free of charge, according to SUVA guidelines.

**1. In the event of weather conditions that endanger the employee's health or impede the efficient progress of work, the employer or their representative must suspend work after consulting with the employees.**

2. During periods of work suspension due to inclement weather, the employee must remain at the disposal of the employer or their representative so as to resume work at any moment. Additionally, during the suspension of work, the employee is required to accept any other work assigned by the employer or their representative that can be reasonably expected of them.

The employer grants paid leave to employees to allow them to attend professional development courses.

Upon its entry into force, the standard employment contract applies to ongoing individual contracts.

1 The standard contract shall enter into force on January 1, 2010.

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