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Art. 64 – Transitional Provisions

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Art. 64

Transitional Provisions

1

Employment contracts entered into prior to this Ordinance coming into force remain subject to the former laws until, at the latest, the expiry date of the legitimation card of the private household employee. Employers and private household employees may at any time enter into a new employment contract which conforms to this Ordinance.

2

Legitimation cards issued prior to this Ordinance coming into force will be renewed pursuant to Article 26 hereof. On the renewal date of the legitimation card, all the relevant provisions of this Ordinance must be complied with and, where necessary, a new employment contract complying with the FDFA standard form must be entered into.

Legal act context
SR 192.126 · PHEO · Ordinance · Consolidation: 192.126 - 2011-07-01
Structure path
Chapter 10 Final Provisions
Language
English (en)
Data status
2011-07-01

Available language versions

Deutschde Françaisfr Italianoit Englishen

The official sources and versions published by the competent authorities remain authoritative.

Contents of this enactment

Document textGeneral document text1ArticlesRegular articles in this version65AnnexesAnnexes and attachments in this version1
Document text1
Articles65
1Chapter 1 Subject Matter and Definitions
Art. 1 – Subject matterArt. 1 Subject matter 1 This Ordinance supplements the provisions of the Host State Ordinance of 7 December 2007SR 192.121 (HSO), and governs the conditions for entry, residence and work for private household employees… Direct link
Art. 2 – Definition of private household employeeArt. 2 Definition of private household employee 1 A private household employee is, in accordance with Article 1 letter h of the Vienna Convention on Diplomatic Relations of 18 April 1961SR 0.191.01 and Article 1 letter… Direct link
Art. 3 – Definition of member of service staffArt. 3 Definition of member of service staff 1 In accordance with Article 1 letter g of the Vienna Convention on Diplomatic Relations of 18 April 1961SR 0.191.01 and Article 1 letter f of the Vienna Convention on Consul… Direct link
1Chapter 2 Persons Authorised to employ a Private Household Employee
Art. 4 – Diplomatic missions and permanent missions or other representations to intergovernmental organisationsArt. 4 Diplomatic missions and permanent missions or other representations to intergovernmental organisations 1 On condition that they reside in Switzerland and hold the appropriate legitimation card issued by the FDFA,… Direct link
Art. 5 – Consular postsArt. 5 Consular posts 1 On condition that they reside in Switzerland and hold the appropriate legitimation card issued by the FDFA, the following members of consular posts may be authorised to employ a private household… Direct link
Art. 6 – Other institutional beneficiariesArt. 6 Other institutional beneficiaries 1 On condition that they reside in Switzerland and hold the appropriate legitimation card issued by the FDFA, the following individuals who are staff members of an intergovernmen… Direct link
Art. 7 – Number of private household employees per householdArt. 7 Number of private household employees per household 1 One private household employee only per household is allowed. 2 The following persons may be authorised to engage several private house-hold employees: a. hea… Direct link
Art. 8 – Priority for private household employees already in SwitzerlandArt. 8 Priority for private household employees already in Switzerland 1 Prior to requesting authorisation to engage a private household employee from abroad, employers must look in Switzerland for a private household e… Direct link
1Chapter 3 Conditions for Admission and Stay of Private Household Employees
Art. 9 – General conditionsArt. 9 General conditions 1 Subject to any derogation granted elsewhere in the provisions of this Ordinance, private household employees must satisfy all of the following conditions: a. be 18 years of age or over; b. no… Direct link
Art. 10 – Employment contractArt. 10 Employment contract 1 A written employment contract, drawn up in one of the languages specified in Article 9 paragraph 1 letter i hereof must be signed between the employer and the private household employee. Th… Direct link
Art. 11 – Working for two employers at the same timeArt. 11 Working for two employers at the same time 1 In exceptional circumstances, a private household employee may be authorised to work for a maximum of two employers at the same time. 2 A request must be made by the… Direct link
Art. 12 – Couples employed as private household employeesArt. 12 Couples employed as private household employees 1 In exceptional circumstances and in response to a justified request, a married couple may be authorised to accompany an employer to Switzerland, subject to all o… Direct link
Art. 13 – Change of employer and stay in Switzerland upon the termination of employmentArt. 13 Change of employer and stay in Switzerland upon the termination of employment 1 Private household employees are authorised to change employer at any time, except as provided in Article 12 paragraph 2 hereof. 2 O… Direct link
Art. 14 – Change in civil status during the course of employmentArt. 14 Change in civil status during the course of employment 1 Employers, through their institutional beneficiary, are bound to inform Protocol or the Swiss mission without delay of any change in the civil status of a… Direct link
Art. 15 – Marriage or registered partnership during period of employmentArt. 15 Marriage or registered partnership during period of employment The marriage or registered partnership of a private household employee during the course of his or her employment, whether in Switzerland or abroad,… Direct link
Art. 16 – Birth of a childArt. 16 Birth of a child 1 A private household employee who becomes a parent during his or her period of employment may remain in Switzerland until the completion of his or her current employment contract. If the child… Direct link
1Chapter 4 Engagement of Private Household Employees Abroad
2Section 1 Persons subject to Visa Requirements
Art. 17 – Required documentsArt. 17 Required documents 1 Visa requests must be accompanied by a copy of the employment contract signed by the private household employee and the employer (Article 10). 2 The FDFA will determine what other documents… Direct link
Art. 18 – ProcedureArt. 18 Procedure 1 The employer’s institutional beneficiary must submit the required documents to Protocol or the Swiss mission. Protocol or the Swiss mission will stamp the documents and return them to the institution… Direct link
2Section 2 Persons not subject to Visa Requirements
Art. 19 – Required documentsArt. 19 Required documents 1 Requests to engage a private household employee must be accompanied by a copy of the employment contract duly signed by the private household employee and the employer (Article 10). 2 The FD… Direct link
1Chapter 5 Engagement of Private Household Employees in Switzerland
Art. 20 – PrincipleArt. 20 Principle Private household employees may be engaged in situ in Switzerland provided the conditions of this Ordinance are complied with. Direct link
Art. 21 – ExceptionsArt. 21 Exceptions The following persons may not be engaged in situ in Switzerland: a. persons who are not legally authorised to be in Switzerland; b. persons who are the object of ongoing proceedings relating to admiss… Direct link
Art. 22 – ProcedureArt. 22 Procedure 1 The employer’s institutional beneficiary must submit to Protocol or the Swiss Mission all documents required for the legitimation card request procedure (Art. 25). 2 Employers must ensure that privat… Direct link
1Chapter 6 Legitimation Cards
Art. 23 – Resident’s CertificateArt. 23 Resident’s Certificate The legitimation card issued by the FDFA serves as certification of residence for private household employees. The legitimation card does not confer upon private household employees or any… Direct link
Art. 24 – Requests for legitimation cards for private household employees engaged abroadArt. 24 Requests for legitimation cards for private household employees engaged abroad 1 Immediately upon the arrival of a private household employee in Switzer-land, the employer’s institutional beneficiary must send a… Direct link
Art. 25 – Request for legitimation cards for private household employees engaged in SwitzerlandArt. 25 Request for legitimation cards for private household employees engaged in Switzerland 1 Prior to the commencement of employment, the employer’s institutional beneficiary must send to Protocol or the Swiss missio… Direct link
Art. 26 – Renewing a legitimation cardArt. 26 Renewing a legitimation card 1 When the legitimation card of a private household employee expires, the employer’s institutional beneficiary must send a request to Protocol or the Swiss mission to renew the legit… Direct link
Art. 27 – Returning a legitimation cardArt. 27 Returning a legitimation card 1 On termination of employment, for whatever reason, the employer’s institutional beneficiary must inform Protocol or the Swiss mission immediately. 2 Private household employees mu… Direct link
1Chapter 7 Working Conditions and Salary
2Section 1 General Conditions
Art. 28 – PrinciplesArt. 28 Principles 1 The work relationship between employers and private household employees are governed by Swiss law and in particular by this Ordinance and the COSR 220. SR 220 2 An employment contract may not deroga… Direct link
Art. 29 – Protection and respect for private household employeesArt. 29 Protection and respect for private household employees 1 In accordance with Article 328 of the COSR 220, employers are obliged to protect and respect the privacy of private household employees. They must show ap… Direct link
Art. 30 – Board and lodging conditions for private house-hold employeesArt. 30 Board and lodging conditions for private house-hold employees 1 Private household employees have the right to their own individual room within the home of their employer. The room must: a. conform to a good stan… Direct link
Art. 31 – Diligence and loyalty of private household employeesArt. 31 Diligence and loyalty of private household employees 1 In accordance with Article 321a of the COSR 220, private household employees must execute the work entrusted to them with due care. They must faithfully pro… Direct link
2Section 2 Commencement and Termination of the Work Relationship
Art. 32 – Duration of employmentArt. 32 Duration of employment 1 The work relationship becomes effective on the arrival of the private household employee in Switzerland or, if the private household employee already holds a Swiss FDFA legitimation card… Direct link
Art. 33 – Trial periodArt. 33 Trial period 1 The employment contract may provide for a trial period, which may not exceed one month. 2 During the trial period, either party may terminate the employment contract by written notice giving a sev… Direct link
Art. 34 – Fixed term employment contractArt. 34 Fixed term employment contract 1 A fixed term employment contract automatically terminates on its expiry date. If the fixed term employment contract is extended by tacit understanding, it is deemed to continue f… Direct link
Art. 35 – Termination of an indefinite term employment contractArt. 35 Termination of an indefinite term employment contract 1 Neither party may terminate an indefinite term employment contract except in accordance with the applicable provisions of Swiss law. Employers and private… Direct link
Art. 36 – Protection from dismissalArt. 36 Protection from dismissal 1 In accordance with Article 336c COSR 220, once the trial period has ended, an employer may not terminate an employment contract: SR 220 a. during partial or total incapacity due to il… Direct link
Art. 37 – Wrongful terminationArt. 37 Wrongful termination 1 A party who terminates an employment contract wrongfully within the meaning of Article 336 paragraphs 1 and 2 COSR 220 must pay an amount in compensation to the other party which shall be… Direct link
Art. 38 – Termination with immediate effectArt. 38 Termination with immediate effect 1 An employer or a private household employee may terminate an employment contract at any time for good cause: the party terminating the employment contract must give their reas… Direct link
Art. 39 – Unfair dismissalArt. 39 Unfair dismissal 1 When an employer terminates an employment contract with immediate effect without good cause, the private household employee is entitled to all the earnings to which he or she would have been e… Direct link
Art. 40 – Abandonment or non-commencement of workArt. 40 Abandonment or non-commencement of work 1 When a private household employee does not commence work or abruptly abandons work without just cause, the employer is entitled to compensation equal to one quarter of t… Direct link
Art. 41 – Settlement of disputesArt. 41 Settlement of disputes 1 In accordance with international law, the signature by an employer of an employment contract does not in any way constitute a waiver of privileges and immunities. It is, if required, for… Direct link
2Section 3 Salary Conditions
Art. 42 – PrinciplesArt. 42 Principles 1 The employer must pay the private household employee each month. Weekly payments are allowed. 2 The minimum net salary in cash in accordance with Article 43 hereof, or the higher net salary specifie… Direct link
Art. 43 – Net salary in moneyArt. 43 Net salary in money 1 Private household employees must receive a minimum net salary in cash of 1,200 Swiss francs (net salary) every month. No deductions may be made from this minimum net amount. The employment… Direct link
Art. 44 – Salary in kind and other items payable by employersArt. 44 Salary in kind and other items payable by employers 1 Employers are responsible for and must ensure that the following payments are made to the Swiss authorities and to the competent insurance institutions: a. a… Direct link
Art. 45 – Tax exemptionArt. 45 Tax exemption Private household employees holding a legitimation card issued by the FDFA are, in accordance with the principles of domestic Swiss law, exempt from direct federal, cantonal and communal taxes on t… Direct link
2Section 4 Working Hours, Leave and Holidays
Art. 46 – Working hours for full-time employmentArt. 46 Working hours for full-time employment 1 The weekly number of working hours is 45. 2 Private household employees must be given a minimum rest period of half an hour for both their midday and evening meal and an… Direct link
Art. 47 – Weekly leaveArt. 47 Weekly leave 1 Private household employees must be given one full day of leave per week. This day is usually Sunday. Private household employees and their employers may expressly agree on a different day in the… Direct link
Art. 48 – Record of working hours and overtimeArt. 48 Record of working hours and overtime 1 The employer and the private household employee must keep a weekly record of hours worked, which must be signed by the employer and the private household employee. They mus… Direct link
Art. 49 – Public holidaysArt. 49 Public holidays 1 Private household employees are entitled to leave on the following public holidays: a. 1 January; b. Good Friday; c. Easter Monday; d. Ascension; e. Whit Monday; f. 1 August; g. 25 December; h.… Direct link
Art. 50 – HolidaysArt. 50 Holidays 1 The compulsory length of annual paid holidays is as follows: a. on or over 20 years of age: four weeks; b. under 20 years of age: five weeks; c. after 20 years of service with the same employer: five… Direct link
Art. 51 – Employer’s absenceArt. 51 Employer’s absence If the employer is absent, the private household employee is still entitled to his or her salary. The employer also remains bound by all obligations in Article 44. The employer must, in partic… Direct link
Art. 52 – Private household employee’s incapacity to workArt. 52 Private household employee’s incapacity to work 1 If a private household employee, through no fault of his or her own, is unable to work for personal reasons, such as illness, accident or fulfilment of a legal o… Direct link
Art. 53 – Employer’s referenceArt. 53 Employer’s reference 1 Private household employees may any time require their employer to provide them with an employer’s reference containing details of the nature and length of their work relationship, as well… Direct link
1Chapter 8 Insurance
Art. 54 – GeneralArt. 54 General Employers must ensure that private household employees are registered for social security insurance and any other compulsory insurance from the moment the private household employee enters service. Direct link
Art. 55 – OASI/IV/LEC/UI/FAArt. 55 OASI/IV/LEC/UI/FA 1 Private household employees must be insured in accordance with the Federal Act of 20 December 1946SR 831.10 on Old Age and Survivors’ Insurance (OASIA), the Federal Act of 19 June 1959SR 831.… Direct link
Art. 56 – Occupational Pension SchemeArt. 56 Occupational Pension Scheme Private household employees must be insured in accordance the Federal Act of 25 June 1982SR 831.40 on Occupational Pensions for Old Age, Survivors and Invalidity. SR 831.40 Direct link
Art. 57 – Health InsuranceArt. 57 Health Insurance 1 It is the obligation of employers to ensure that private household employees are insured in accordance with the HIASR 832.10. Employers should select the insurance in agreement with their priv… Direct link
Art. 58 – Accident InsuranceArt. 58 Accident Insurance 1 It is the obligation of employers to take out accident insurance for private household employees in accordance with the Federal Act of 20 March 1981SR 832.20 on Accident Insurance. SR 832.20… Direct link
Art. 59 – Exemption from Swiss Social InsuranceArt. 59 Exemption from Swiss Social Insurance 1 A private household employee may be granted an exemption from taking out Swiss social insurance cover (OASI/IV/LEC/UI/FA and other insurance schemes which rely on OASI reg… Direct link
Art. 60 – Failure to take out insuranceArt. 60 Failure to take out insurance Employers who fail to comply with the obligations of Articles 57 and 58 hereof will be liable for all medical, pharmaceutical, hospital and all other costs for services to which the… Direct link
Art. 61 – Social insurance required by cantonal lawArt. 61 Social insurance required by cantonal law 1 If private household employees are insured in Switzerland under OASI/IV/LEC/UI/FA, then it is compulsory for them to be registered with the compulsory insurance scheme… Direct link
1Chapter 9 Powers of the FDFA
Art. 62Art. 62 1 In addition to the specific powers conferred upon the FDFA pursuant to this Ordinance, the FDFA shall: a. decree the enactment provisions necessary for the implementation of this Ordinance; b. establish the st… Direct link
1Chapter 10 Final Provisions
Art. 63 – Amendments to current legislationArt. 63 Amendments to current legislation Amendments to current legislation are governed by the annex hereto. Direct link
Art. 64 – Transitional ProvisionsArt. 64 Transitional Provisions 1 Employment contracts entered into prior to this Ordinance coming into force remain subject to the former laws until, at the latest, the expiry date of the legitimation card of the priva… Current article Direct link
Art. 65 – CommencementArt. 65 Commencement This Ordinance comes into force on 1 July 2011. Direct link
Annexes1
Amendments to Current LegislationAnnex (art. 63) Amendments to Current Legislation ...Direct link

The official sources and versions published by the competent authorities remain authoritative.

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