While a written employment contract is not mandatory, we nevertheless recommend that you record all you agreements in writing, in particular if you hire somebody in a permanent position or plan to use their services on several occasions.
The employment contract must take account of the provisions of the Swiss Code of Obligations (CO). Cantonal provisions, which are governed in so-called standard employment contracts (SEC), also apply to domestic employees.
Regulations which deviate from the SEC can be implemented in a written employment contract, provided that they meet the minimum requirements of the CO (e.g. at least four weeks of holiday for staff aged 20 and over). Among other things, the conclusion of a daily sickness benefits insurance policy is required in the SEC. As it can prove difficult to find a provider for insurance of this kind, the validity of the SEC often has to be excluded. Otherwise, in the event of the illness of the employee, the employer would be obligated to pay the wage itself for a lengthy period.
If you do not conclude a contract, the provisions of the SEC and the CO apply.
The following points should be mentioned in the contract:
- Start of the employment relationship and possible probationary period
- Employment level and duration (temporary or permanent employment relationship)
- Working days/hours
- The continued payment of wages in cases in which the employee is unable to work through no fault of his or her own for personal reasons (in particular illness)
- Period of notice (for a permanent employment relationship)
Our employment assistant Fairboss lets you generate a work contract for free. It respects all minimum requirements and excludes the provisions of the SEC regarding continuation of wage payments in case of illness. You just need to print the contract and sign it with your household helper. It is an easy and safe solution which protects the rights of both parties!