Migrante-Geneva/Communal Earth Citizens
August 2007 (email:
migrante.geneva@gmail.com)
Minimum legal standards for household workers in Geneva
Under RSG J-1-50.03: Contrat-type de travail pour les travailleurs de l'économie domestique à temps complet et à temps partiel,
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www.geneve.ch/ocirt/relation_travail/contrats_types.asp >
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www.geneve.ch/legislation/rsg/f/rsg_j1_50p03.html >
RESPECTFUL TREATMENT
By law the employer is obligated, on a personal level, to treat you properly and with respect and dignity.
SALARY/WAGE RATES
Housework/”Domestic help”:
CHF 2,530/Month plus CHF 900 (600-Food and 300-Lodging) minimum
If meals and/or lodging are not provided, you are entitled to that amount to be added to your monthly salary.
P-T: CHF 18.25/Hour minimum
WORKING HOURS
The ordinary working hours, including the time during which you have to stay at the disposal of your employer, must not exceed (rest hours not included): 46 hours a week (8 hours a day for P-T jobs)
F-T: You must be given at least half an hour rest every day for mealtimes at noon and at dinner, and an additional hour of rest during the day (this also applies to P-T jobs if you work a full 8-hour day).
F-T: You are entitled to the following rest days a week that must not be followed by duty in the evening: 1½ days off every week, with at least 2 Sundays off in a month.
OVERTIME WORK
Overtime work (after 8 hrs/day and 46hrs/wk) must be compensated with additional payment, or (for F-T jobs), with your agreement, with additional hours off (paid time off equal to the number of overtime hours).
Compensation with payment
Overtime hours must be paid on the basis of your normal salary plus a supplement of 25%, per hour.
Overtime hours worked on Sunday or a legal holiday must be paid with a supplement of 50% and those worked between 11 p.m. and 6 a.m. twice (100%) the normal salary, per hour.
F-T only: Compensation with free time
Overtime work can instead be compensated in due time with at least the same number of paid hours off, but only with your agreement.
If overtime is worked on a Sunday or a legal holiday, 1.5 times as many paid hours off;
If overtime is worked between 11 p.m. and 6 a.m., twice as many free hours.
Your work during holidays should be counted as overtime work and have to be compensated as such, as well as for the time your employer requires you to work in addition to the regular working hours.
Compensation with free time has to take place soon after the overtime, in a period which does not go beyond the following dates: 14 weeks after overtime.
Food and Lodging
F-T: If you are a "live-in" employee, your employer must provide free meals (three per day), free accommodation with private bedroom (and in Geneva, your own key to close your room), a bed, a chair, a table, a cupboard, light (just as much natural as artificial light), heating, window, free laundry and opportunity to wash, bathe or shower. This represents a part of your "total salary".
LEGAL HOLIDAYS AND SPECIAL DAYS OFF
You are entitled by law to at least nine holidays per year in addition to the usual rest days:
JANUARY 1st (NEW YEAR’S DAY), GOOD FRIDAY, EASTER (MONDAY), ASCENSION DAY, PENTACOST (MONDAY), AUGUST 1st, JEÛNE GENEVOIS, CHRISTMAS, DECEMBER 31st (NEW YEAR’S EVE)
If you have to work on a legal holiday, you are entitled to another day off in compensation.
P-T: If you work on a legal holiday, you must be paid time-and-a-half (50% more than your normal hourly rate).
You are entitled to a number of additional paid free days for extraordinary reasons such as death in your family, marriage, transfer of your residence, etc.
SICK LEAVE
If you can’t work because of illness, your employer has to continue to pay your full salary (after 3 months of employment), while on sick leave, for the following periods:
1st year of employment - 3 weeks; 2nd year of employment - 1 month; 3rd year of employment - 2 months
VACATION LEAVE
As a household employee, you are entitled to a paid annual (vacation) leave as follows:
4 weeks: This is the normal leave allowed per full working year. In Geneva, it is equal to 22.5 working days
5 weeks: This is a benefit for those who are below the age of 20 or above the age of 50.
These weeks are cumulative. A vacation leave not taken in one year is not forfeited but carried over to the next year. At least 2 consecutive weeks should be scheduled. The employer schedules the date of paid leave in consultation with the worker. He or she must fix the date long enough in advance to allow you to make the necessary arrangements for your leave. The absence of your employer and his/her family from home is not counted as vacation leave if you have to stay in their house or if this time has not been scheduled early enough as vacation leave.
The time spent with your employer when he/she requests you to accompany his or her family "on holidays" is not counted as vacation leave if during this time, you have to perform domestic duties or look after the children. In Geneva and Zurich, even if you do not have to work, this time will not be counted as vacation leave without your previous written agreement.
P-T: During the vacation period, the part-time worker is entitled to a payment equal to a percentage of her/his salary earned in the previous 12 months: 8.33% for those entitled to 4 weeks, and 10.64% for those entitled to 5 weeks.
ACCIDENT INSURANCE
The law requires your employer to insure you, either in Switzerland or abroad, against accidents. Your employer must pay the cost of this insurance (except the premium for insurance covering non-professional accidents, which the employer will deduct from your salary).
NOTICE AND TERMINATION
After the probation period (first 2 weeks for F-T jobs), employment for an indefinite period can be terminated, but notice has to be given by either side for the end of a month (Jan 31st, Feb 28th, and so on), at least one month before termination and must be in writing.
An employer may terminate your employment without justification, but not for reasons that are “unfair” or “abusive” (for example, to prevent you from making claims for your salary payments or benefits or labor standards under the law). You must protest your dismissal by registered letter before the end of the ordinary period of notice, if you believe you were subject to an unfair or abusive dismissal.
You have the right to abandon work or terminate without notice, if you have just reasons (such as non-payment of salary); you can claim a maximum of 6 months’ salary in compensation for an unjust dismissal or justified leaving.
What rights do "undocumented" workers enjoy?
Working without a regular working and residence permit does not deprive you of the legal benefits of your employment such as salary and the respect of the legal working conditions. These rights include the working conditions above and also the following, the right to:
- Be paid at least the legal minimum wages irrespective of any other verbal or written agreement
- Receive the children's allowance
- Be affiliated to insurance in case of accident and enjoy medical care and compensation of salary in case of accident
- Be affiliated to insurance for compensation of salary and receive compensation of salary during sickness and pregnancy
- Be affiliated with the national public social security system (AVS/AI; AHV/IV) and obtain reimbursement of the paid premiums including the employer's share of the premiums; but you will not enjoy the benefits of this insurance plans
- File a claim or complaint in court
Your employer may not use your undocumented status against you, if that is a pretext to discriminate or retaliate against you for demanding or exercising your labor rights.
