Standard Employment Contract for Agricultural Employees (NAV LW) - Scope (NAVLW)

1. The present standard employment contract applies to all employment relationships between employees, who are predominantly employed in an agricultural enterprise or agricultural household in the Canton of Schaffhausen, and their employers.

2. Exempted are employment relationships with persons who have the following relationship to the employers

a) Spouse or registered partner

b) Relatives of the farm manager in ascending and descending line

c) Sons-in-law and daughters-in-law of the farm manager who are expected to take over the enterprise for self-cultivation

3. For apprenticeship relationships, the following provisions apply only to the extent that the apprenticeship contract or vocational training law does not provide for differing regulations.

4. Mandatory provisions of federal and cantonal law remain reserved.

1. Deviations from the standard employment contract must be agreed upon in writing in order to be valid.

1. Insofar as this standard employment contract does not contain any provisions and the parties have not made any permissible written agreements, the relevant statutory provisions shall apply, particularly those of the Code of Obligations.

1. Employers are required to provide employees with a copy of the standard employment contract at the time of hiring and whenever there is a modification to it.

1. The first four weeks after commencing employment are considered a probationary period. The parties may agree to a different arrangement. However, the probationary period may not exceed three months.

2. If the employment relationship is established for no more than four months, the probationary period is two weeks.

1. The termination must be made in writing.

2. In the case of a fixed-term employment relationship, termination is only possible if it has been agreed upon in writing.

3. During the probationary period, termination is possible at any time; after the probationary period, it is only permissible at the end of a month.

1. During the probationary period, the notice period is seven days. After the probationary period, it is

a) one month during the first year of employment

b) two months from the second to the fifth year of employment

c) three months from the sixth year of employment

1. After the probationary period, employers are particularly prohibited from terminating the employment relationship if employees are entirely or partially unable to perform their work due to illness or accident, without their own fault, specifically

a) during the first year of service: for 30 days

b) during the second to fifth year of service: for 90 days

c) from the sixth year of service onwards: for 180 days

2. Female employees cannot be terminated during pregnancy and for 16 weeks after childbirth.

3. Furthermore, the provisions concerning protection against dismissal are governed by Articles 336 et seq. of the Code of Obligations (CO).

1. If the employment relationship is associated with accommodation, the right to use the accommodation ends at the same time as the employment relationship. In these cases, labor law takes precedence over tenancy law.

2. If there is a specific rental agreement for the service apartment or if the tenancy elements of the contract outweigh the employment-related ones, the notice periods are governed by tenancy law.

**1. Working hours must either be agreed upon in writing or determined in operational plans at least one week in advance.**

2. They must not exceed ten hours per day.

3. They can be determined in advance and in writing to vary seasonally, provided they do not exceed twelve hours per day and ten hours per day on average. The average is calculated based on the entire duration of the employment relationship, and for employment relationships extending beyond a year, based on the calendar year.

1. Employees must be granted an uninterrupted rest period of at least ten hours each day.

2. Exceptionally, this period can be reduced to eight hours, provided that the average duration of ten hours is maintained over a two-week period.

1. One unpaid break of one hour for a main meal must be granted each day, usually over midday.

2. For a working time of more than six hours per day, an additional quarter-hour break must be granted. This is counted as working time.

1. Employees are obligated to perform reasonable overtime at the direction of their employers, provided that such overtime is necessary.

2. Employers are required to record the overtime hours worked by each employee in writing. Employees have the right to inspect records concerning them at any time.

3. Overtime must be compensated within the following six months with additional time off or additional holidays of equivalent duration, or remunerated by a salary payment with a 25 percent surcharge on the hourly wage. The hourly wage is considered to be 1/239th of the monthly salary.

4. In the case of fixed-term employment relationships, compensation or remuneration must occur no later than upon the termination of the employment relationship.

1. Employers promote the education and training of employees within the company's means.

2. Education and training are considered working hours if attendance is mandated by the employers or approved during working hours.

3. Otherwise, employees have no entitlement to credit education and training as working hours.

1. Employees are entitled to one and a half days off per week.

2. A half day off is deemed to be when the entire morning or the entire afternoon is free from work and the free hours immediately follow the daily rest period.

3. Employers determine the timing of the days off. They must take into account the wishes of the employees in doing so.

4. Every two weeks, a full rest day must fall on a Sunday.

5. Every two weeks, at least one full day must be taken as a rest day, and the remaining days may be taken within the following three months.

1. A payout in lieu of granting time off is possible, subject to § 15 para. 5, in the case of the termination of an employment relationship and for fixed-term employment relationships lasting no more than three months. The daily wage is considered to be 1/23.9 of the monthly salary.

1. On Sundays and public holidays, work shall be limited to the operationally necessary minimum. Public holidays are those holidays considered public rest days within the meaning of Art. 1 para. 1 lit. b of the Rest Days Act (New Year, Good Friday, Easter Monday, May 1st, Ascension, Whit Monday, August 1st, Christmas Day and St. Stephen's Day).

2. These days shall be counted as half days off if the daily working time occurs only in the morning or only in the evening and amounts to less than four hours.

3. Public holidays falling within vacation periods do not count as vacation days.

1. Employees are entitled to at least four weeks of paid vacation per calendar year.

2. They are entitled to five weeks of paid vacation up to and including the calendar year in which they reach the age of 20, as well as from the calendar year in which they reach the age of 50.

3. For a partial year, vacation is to be granted proportionally to the duration of the employment relationship in the respective calendar year.

4. At least two weeks of vacation per year must be taken consecutively.

5. Employers must record each employee's vacation balance in writing. Employees have the right to inspect their records at any time.

6. Employers determine the timing of vacations, taking into account the wishes of the employees.

1. Employees are entitled to paid leave

a) of three days for their own marriage, registration of partnership, death of a spouse, death of a registered partner, death of a descendant, death of a parent

b) of two days for the birth of their own child

c) of one day for the baptism or marriage of a child, death of a sibling, death of a parent-in-law, death of a sister-in-law or brother-in-law, relocation of their own residence

1. Female employees are entitled to maternity leave for a period of 14 weeks following childbirth.

1. Free Days, Holidays, and Leave May Not Be Offset Against Each Other.

1. Employees' Entitlement to Accommodation and Meals

If employees are entitled to accommodation and meals provided by their employers, this entitlement shall also apply on non-working days.

1. The salary shall correspond to the job responsibilities, education, and skills of the employees. It is to be reviewed annually. An adjustment shall take into account performance, years of service, and inflation.

2. In the absence of any other written agreement, the current rates from the "Wage Guidelines for Non-Family Employees in Swiss Agriculture, Including Domestic Agriculture" as issued, among others, by the Swiss Farmers Union, shall apply.

3. Women and men who perform work of equal value are entitled to equal pay.

1. Family allowances are to be paid in addition to the agreed salary. They must neither be considered in the determination of the salary nor be deducted from it.

1. If employees live in a household with the employers, accommodation and meals are considered part of the wage.

2. The values are based on the rates for benefits in kind according to the AHV (Swiss Old Age and Survivors' Insurance).

1. Wages, including any allowances, must be paid out no later than the end of each month.

2. Upon payment, a written payslip must be provided containing the following information

a) Monthly wages with all deductions and surcharges

b) Overtime worked and compensated

c) Taken holidays and days off

1. Employers may retain up to one quarter of the first month's salary.

2. The wage retention may also include expenses advanced by the employers for placement fees and travel costs.

3. The wage retention must not exceed half of the first month's salary in total.

4. It must be managed in accordance with the provisions on security deposits pursuant to Art. 330 of the Swiss Code of Obligations (OR).

1. Employees are entitled to continued payment of wages if the employment relationship has lasted more than three months or was intended to last for more than three months.

2. The entitlement arises when employees are prevented from performing their work through no fault of their own due to reasons such as illness, accident, fulfillment of legal obligations, or exercise of a public office.

3. It amounts to

a) one month in 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

1. If the employee is unable to perform work due to pregnancy, the employer is required to pay the salary in accordance with § 28 para. 3 of this Standard Employment Contract.

2. The maternity compensation is governed by the Federal Act on Income Compensation for Service Persons and in Case of Maternity (Income Compensation Act).

1. Employers are entitled to compensation for loss of earnings from a loss of earnings insurance to the extent of their obligation to continue to pay wages, provided they have paid at least half of the premiums.

1. Employees are entitled to the following long-service gifts

a) after five years of service, one quarter of a month's salary

b) after ten years of service, half of a month's salary

c) after 15 years of service, three quarters of a month's salary

d) after 20 years of service, one month's salary

e) after each additional five years of service, one month's salary

2. They may take the long-service gift fully or partially in the form of leave. A month's salary corresponds to 22 working days of leave.

3. If they wish to take the long-service gift fully or partially in the form of leave, they shall inform the employers in a timely manner.

1. Employers are required to enroll employees in a pension fund in accordance with the Federal Law on Occupational Old Age, Survivors', and Disability Pensions. Employers must bear at least half of the premium.

1. Employers are required to obtain accident insurance for employees in accordance with the Federal Act on Accident Insurance.

2. The premium for occupational accident insurance must be borne by the employers.

3. The premium for non-occupational accident insurance must be borne by the employees. If it is paid by the employers, it may be deducted from the salary.

1. Employers are required to insure employees against loss of earnings due to illness, unless such insurance is already in place.

2. The insurance must cover sick pay at 80 percent of the gross salary from the 31st day of illness for a duration of 720 days (minus the waiting period) within a span of 900 calendar days.

3. Employers must provide the same benefits in the absence of sick pay insurance.

4. At least half of the premium for the sick pay insurance must be borne by the employers.

5. Employers must verify at the time of contract conclusion and during periodic checks whether employees are insured according to the provisions of the federal health insurance legislation. If employees fail to insure themselves, employers are obliged to report this to the competent municipality of residence.

1. To the extent that the employers do not fulfill their obligation to insure employees against the economic consequences of illness, maternity, and accidents, they are liable for the uninsured risks.

1. Employees who are at least 50 years old are entitled to the following severance payments

a) For 20 to 25 years of service, two months' salary

b) For 26 to 30 years of service, three months' salary

c) For 31 to 35 years of service, four months' salary

d) For 36 to 40 years of service, five months' salary

e) For over 40 years of service, six months' salary

2. If the employees receive benefits from an occupational pension scheme, these can be deducted from the severance payment to the extent that the benefits have been financed by the employers (employer contributions).

3. Otherwise, the obligation of the employers to provide a severance payment, in particular the cessation of the compensation due to substitute benefits, is governed by Art. 339b et seq. of the Swiss Code of Obligations (OR).

1. Employers shall assign employees according to their abilities and in accordance with the needs of the business.

1. Employees must immediately report any potential inability to work to the employer.

2. They must provide a medical certificate without being prompted if the inability to work lasts more than three working days.

3. The employer reserves the right to order examinations by a company-appointed physician. Employees are obligated to allow the corresponding examination measures by the appointed physician if such an examination is ordered.

1. Employees who live in a household with their employers and are unable to work due to illness or accident without their fault shall be provided with care and medical attention by the employers for the duration of the obligation to continue salary payments in accordance with § 28.

2. The same benefits are to be granted in the event of pregnancy and childbirth.

1. The protective provisions for working pregnant women and nursing mothers are specified in Articles 35 to 35b of the Federal Act on Work in Industry, Crafts, and Commerce (Labour Act, ArG) and in Articles 60 to 66 of Ordinance 1 to the Labour Act. These regulations specifically address health protection, employment, alternative work, and continued salary payment during maternity.

1. For young employees, the protective provisions regarding the minimum age as outlined in Art. 30 of the Labor Act and in Ordinance 5 to the Labor Act (Youth Labor Protection Ordinance, ArGV 5) are applicable.

1. The protective provisions of the Employment Act and Ordinance 1 to the Employment Act are applicable to employees with family responsibilities.

1. Employers are required to take adequate measures to ensure occupational hygiene, workplace safety, accident prevention, and general damage prevention, in order to protect the life and health of employees.

2. These measures are to be adhered to and supported by the employees.

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

1. The employees may at any time request a certificate from their employers, which shall provide details regarding the nature and duration of the employment relationship, as well as their performance and conduct.

2. Upon the specific request of the employees, the certificate shall be limited to information regarding the nature and duration of the employment relationship.

1. Employees are liable for any damage they intentionally or through gross negligence cause to the employer.

2. They must report any caused damage to the employer immediately.

1. Complaints regarding disputes arising from the employment relationship can be filed either with the court at the domicile or seat of the defendant party or with the court at the location where the employees usually perform their work.

1. The present standard employment contract is also applicable to existing employment relationships.

2. If existing written employment contracts are not renewed by September 30, 2011, the present standard employment contract shall apply.

1. This standard employment contract shall enter into force on January 1, 2012. It is to be published in the official gazette and included in the cantonal code of laws.

2. It replaces the standard employment contract for agricultural workers dated January 7, 1986.