"Employment Contract Standard Form - According to the Pheo" - Switzerland

This "Employment Contract Standard Form - According to the Pheo" is a part of the paperwork released by the Switzerland Federal Department of Foreign Affairs specifically for Switzerland residents.

The latest fillable version of the document was released on January 1, 2011 and can be downloaded through the link below or found through the department's forms library.

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Download "Employment Contract Standard Form - According to the Pheo" - Switzerland

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Standard Form Employment Contract according to the PHEO
FDFA/2011
It is compulsory for this standard form contract to be used when engaging a private household
1
employee pursuant to the Private Household Employees Ordinance (PHEO) of 6 June 2011
. The
standard form contract exists in the official languages of Switzerland (German, French and Italian), in
English, Spanish and Portuguese.
Employment Contract
between
employer....................................................................................................................................................
and
employee...................................................................................................................................................
The private household employee as defined within the PHEO
This contract is governed by Swiss law, and in particular the Private Household Employees Ordinance
(PHEO) of 6 June 2011, which prescribes the applicable minimum working conditions and which is
based on the Swiss Code of Obligations.
The employer and the employee confirm that they are familiar with the provisions prescribed by the
PHEO and the Swiss Code of Obligations. By signing this employment contract both employer and
employee undertake to adhere to the terms of the employment contract governed by the PHEO and
the Swiss Code of Obligations.
Complete the text and tick the appropriate boxes
1. Function
The employer engages the employee as a private household employee pursuant to article 2 of the
Private Household Employees Ordinance (PHEO).
2. Job description
The employee’s tasks are as follows:
Housework
Cooking
Laundry
Table service
Childcare
Gardening
Other tasks: .......................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
1
The
text
of
the
Ordinance
and
explanatory
notes
are
available
on
Internet
(www.dfae.admin.ch/eda/en/home/topics/intorg/un/unge/gepri/manodp.html). They can also be obtained
from the Protocol of the Federal Department of Foreign Affairs or from the Permanent Mission of
Switzerland to the United Nations Office and to the other International Organisations in Geneva.
1 / 9
Standard Form Employment Contract according to the PHEO
FDFA/2011
It is compulsory for this standard form contract to be used when engaging a private household
1
employee pursuant to the Private Household Employees Ordinance (PHEO) of 6 June 2011
. The
standard form contract exists in the official languages of Switzerland (German, French and Italian), in
English, Spanish and Portuguese.
Employment Contract
between
employer....................................................................................................................................................
and
employee...................................................................................................................................................
The private household employee as defined within the PHEO
This contract is governed by Swiss law, and in particular the Private Household Employees Ordinance
(PHEO) of 6 June 2011, which prescribes the applicable minimum working conditions and which is
based on the Swiss Code of Obligations.
The employer and the employee confirm that they are familiar with the provisions prescribed by the
PHEO and the Swiss Code of Obligations. By signing this employment contract both employer and
employee undertake to adhere to the terms of the employment contract governed by the PHEO and
the Swiss Code of Obligations.
Complete the text and tick the appropriate boxes
1. Function
The employer engages the employee as a private household employee pursuant to article 2 of the
Private Household Employees Ordinance (PHEO).
2. Job description
The employee’s tasks are as follows:
Housework
Cooking
Laundry
Table service
Childcare
Gardening
Other tasks: .......................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
1
The
text
of
the
Ordinance
and
explanatory
notes
are
available
on
Internet
(www.dfae.admin.ch/eda/en/home/topics/intorg/un/unge/gepri/manodp.html). They can also be obtained
from the Protocol of the Federal Department of Foreign Affairs or from the Permanent Mission of
Switzerland to the United Nations Office and to the other International Organisations in Geneva.
1 / 9
3. Duration of contract (Article 32 PHEO)
1
This employment contract is entered into for a fixed term.
2
The contract is effective from....................................................................(day/month/year),
provided that the Federal Department of Foreign Affairs authorises the employee to take on
employment and that the latter receives the authorisation to enter Switzerland, respectively, the
legitimation
card
pursuant
to
PHEO,
and
will
terminate
Once effective
on....................................................................(day/month/year) (expiry date).
, it
may be terminated in accordance with Clause 12 of this contract.
3
If the fixed term contract is extended by tacit agreement it is deemed to continue for an
indefinite term.
1
This contract is entered into for an indefinite term.
2
This contract is effective from....................................................................(day/month/year),
provided that the Federal Department of Foreign Affairs authorises the employee to take on
employment and that the latter receives the authorisation to enter Switzerland, respectively, the
Once effective
legitimation card pursuant to PHEO.
, it may be terminated in accordance with
Clause 12 of this contract.
4. Trial period (Article 33 PHEO)
1
The trial period is for......................................(maximum one month) from the commencement of
employment.
2
When, during the trial period, work is interrupted due to illness, accident or pregnancy, the trial
period is extended for the same period as such interruption. Where the contract is for a fixed term the
employer’s obligations cease at the latest upon the expiry date thereof.
5. Net monthly salary in money (Article 43 PHEO)
1
The employee shall be paid a net monthly salary in cash of: CHF..........................................................
...................................................................................................................................................................
(minimum CHF 1,200.--, one thousand two hundred Swiss francs / specify the amount in Swiss francs,
in figures and in words).
2
No deductions may be made from this amount.
3
The employee shall be paid..........................................................................monthly salary payments
each year (minimum twelve monthly salary payments; specify the number of monthly salary payments
in figures and in words).
4
The salary shall be paid:
monthly, on................................................(specify the date).
weekly, on................................................(specify the day of the week).
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5
The salary shall be paid in Swiss francs into a Swiss bank or postal account which has been opened
in the sole name of the employee.
6
The employer shall present the employee with a pay slip each month.
6. Food (Articles 30 and 44 PHEO)
The employer will provide the employee with healthy and adequate food in the form of three
daily meals in the morning, at midday and in the evening. The AVS value for food is CHF 645.—
per month (this amount corresponds to that prescribed by Article 11 of the Regulations of 31
October 1947 on Old-age and Survivors. This amount is regularly adjusted by the competent
Swiss authorities and the employer must apply the adjustments). This amount is considered
salary in kind and is therefore subject to social security contributions.
The employer will not be able to provide the employee with healthy and adequate food.
The employee is entitled, in substitution thereof, to the following daily allowances, which are
subject to social security contributions (the amounts set out below correspond to those
prescribed by Article 11 of the Regulations of 31 October 1947 on Old-age and Survivors. They
are regularly adjusted by the competent Swiss authorities and the employer must apply the
adjustments):
− morning meal
CHF
3.50 per day
CHF 105.-- per month
− midday meal
CHF
10.-- per day
CHF 300.-- per month
− evening meal
CHF
8.-- per day
CHF 240.-- per month
_________________________
____________________________
Total: CHF 21.50 per day
CHF 645.-- per month
The employer will not provide the employee with all three of his/her daily meals. The
employer will pay the employee a food allowance as follows, such amounts are subject to social
security contributions (refer to amounts specified above for the minimum amount payable per
meal):
− morning meal
yes
no CHF..........................per day
CHF..........................per month
− midday meal
yes
no CHF..........................per day
CHF..........................per month
− evening meal
yes
no CHF..........................per day
CHF..........................per month
7. Accommodation (Articles 30 and 44 PHEO)
The employer will provide the employee with his/her individual room within the
employer’s home. This provision is considered a benefit in kind constituting a portion of salary
and is therefore subject to social security contributions. The AVS value of the room amounts to
CHF 345.-- per month (this amount corresponds to that prescribed by Article 11 of the
Regulations of 31 October 1947 on Old-age and Survivors. The amount is regularly adjusted by
the competent Swiss authorities and the employer must apply the adjustments).
The employer will provide the employee with accommodation in Switzerland which is not
within the employer’s home. The employer will pay all costs relating thereto (rent, water, gas,
electricity). The monthly amount paid in respect of accommodation is considered a benefit in kind
constituting a portion of salary and is therefore subject to social security contributions. The
employer will pay all travel costs incurred by the employee when travelling between his/her
accommodation and the employer’s home.
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1
The employee does not accept the accommodation provided by the employer and will
find his/her own accommodation in Switzerland. The employer shall pay the employee an
accommodation allowance of CHF ...................................................................................................
which is subject to social security contributions (specify the amount in Swiss francs in figures and
in words, minimum amount CHF 345.-- per month; this amount corresponds to that prescribed by
Article 11 of the Regulations of 31 October 1947 on Old-age and Survivors. The amount is
regularly adjusted by the competent Swiss authorities and the employer must apply the
adjustments).
2
The employer shall pay all travel costs incurred by the employee when travelling between
his/her accommodation and the employer’s home.
3
The accommodation allowance and reimbursed travel costs are considered as a portion of
salary and are therefore subject to social security contributions.
4
The employer shall provide the employee with appropriate accommodation within the
employer’s home or elsewhere in Switzerland until the employee has found his/her
accommodation.
8. Social security insurance and other compulsory insurance
8.1. Swiss social security insurance AVS/AI/APG/AC/AFam (Articles 55, 59 and 61 PHEO)
1
The employee is not affiliated to a social security insurance scheme in his/her State or
the State for which the employer works. Consequently it is compulsory for the employee
to be affiliated in Switzerland for Old-age and Survivors (AVS), disability (AI), compensation for
loss of income due to military service or pregnancy (APG), unemployment (AC) and family
allowance (AFam).
2
It is compulsory for the employee to be affiliated to any compulsory insurance scheme required
by the social laws of the residential canton of the employer (this applies particularly in the Canton
of Geneva which has its own maternity insurance – Amat). The employer will pay all contributions
(for both employee and employer).
3
The employer shall take all necessary steps to register the employee with the relevant cantonal
AVS compensation fund office for the employer’s place of residence. The employer shall pay all
contributions (for both employee and employer).
1
The employee may, pursuant to the relevant international law, be affiliated to a social
security insurance scheme in his/her State or the State for which the employer works and
effectively is affiliated to such social security insurance scheme.
2
In order to be exempted from compulsory Swiss insurance the employee must, through his/her
employer, present an original foreign insurance certificate recognised by the relevant cantonal
AVS compensation fund office for the employer’s place of residence. In the event that the
cantonal AVS compensation fund office does not accept the insurance certificate or that the
insurance certificate is not delivered within the required time limit, then the aforesaid office will
automatically
register
the
employee
with
the
Swiss
social
insurance
scheme
for
AVS/AI/APG/AC/AFam and, where applicable, any other compulsory cantonal insurance scheme.
3
The employer will pay all contributions (for both employee and employer).
8.2. Occupational Pension Scheme (Article 56 PHEO)
Both the employer and the employee confirm their understanding that, in the case of registration with
the Swiss social insurance scheme for AVS/AI/APG/AC/AFam, the relevant cantonal AVS
compensation fund office for the employer’s place of residence will decide to what extent the
employee is obliged to take out occupational pension insurance (LPP). Where necessary the
4 / 9
employer shall register the employee with an occupational pension institution and shall pay all
contributions relating thereto (for both employee and employer).
8.3. Health Insurance (HIA) (Articles 57 and 60 PHEO)
1
The employee does not have health insurance in another State. Consequently the
employee must have Swiss health insurance. The employer shall ensure that Swiss health
insurance is taken out for the employee. The employer shall select the insurance with the
agreement of the employee.
2
The employer shall pay all premiums and incidental costs, as well as any participation costs of
the insured person for services envisaged by Swiss law.
1
The employee does have health insurance in the employer’s or another State. In order to
be exempted from taking out Swiss health insurance the employee must, through his/her
employer, present an original foreign insurance certificate recognised by the relevant cantonal
health insurance office for the employer’s place of residence. If the cantonal health insurance
office does not accept the foreign insurance certificate or if the certificate is not delivered within
the required time limit then the cantonal health insurance office automatically registers the
employee with a Swiss health insurer.
2
In both cases the employer shall pay all premiums and resulting costs, as well as any
participation costs of the insured person for services envisaged by the laws of the State in which
the employee is registered.
8.4. Accident Insurance (LAA) (Articles 58 and 60 PHEO)
The employee is not insured against accidents in another State. Consequently it is
compulsory for him/her to be insured in Switzerland against occupational and non-
occupational accidents and occupational diseases. The employer shall take all necessary
steps to establish such insurance cover with an authorised Swiss insurer and shall pay all
premiums relating thereto.
The employee is insured against occupational and non-occupational accidents and
occupational diseases in another State. The employer must ensure that the foreign insurance
cover is equivalent to that provided by Swiss accident insurers; if this is not the case then the
employer must take out the necessary insurance with an insurer in Switzerland. The employer
shall pay all premiums relating thereto.
8.5. Insurance for loss of income due to illness
The employer will take out insurance for the employee against loss of salary in the event
of illness (this insurance is optional). The premiums for this insurance are payable by the
employer.
The employer will not take out insurance for the employee against loss of salary due to
illness (this insurance is optional). If the employee is unable to work due to non-occupational
illness the employer shall continue to pay the employee’s salary for a limited period, in
accordance with Swiss law (Article 52 PHEO).
9. Other items payable by the employer (Article 44 PHEO)
The employer shall pay the travel costs of the employee’s return journey to his/her home country
upon termination of working relations. The employer may be released from this obligation in
accordance with Article 44, paragraph 2 (f) of the PHEO.
The employee has been recruited abroad. The employer shall pay the travel costs of the
employee’s initial journey to Switzerland at the commencement of working relations, including
any applicable visa costs.
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