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Old 02.07.2012, 22:05
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Questions regarding legal issues when using a babysitter

Hello,

I'm wondering if anyone can give me some advice about what the the legal implications are here in CH for using a babysitter.

My husband and I are thinking of starting to use a babysitter on a very part-time/when-needed basis. My (Swiss) husband has hesitations, however, because he's not sure of what our legal obligations would be (e.g. if we would need to provide accident insurance, etc.). It seems strange to me that we would, in any way, be obligated to provide accident insurance for someone that we would only be hiring for a few hours per week, at most.

I tried using the search function on here, but I was only able to find information about contracts that were more designed for full-time nannies.

Any help would be greatly appreciated. We just want to be sure that we're "keeping it legal."

Thanks!
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Old 02.07.2012, 22:10
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Re: Questions regarding legal issues when using a babysitter

You could try using http://babysitting24.ch/ and they would provide babysitters and handle the formalities but, to be honest, I think babysitting is one of those "pocket-money" jobs where it is so ad hoc and infrequent that you don't need to register them or pay their social stoppages.
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Old 02.07.2012, 22:28
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Re: Questions regarding legal issues when using a babysitter

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You could try using http://babysitting24.ch/ and they would provide babysitters and handle the formalities but, to be honest, I think babysitting is one of those "pocket-money" jobs where it is so ad hoc and infrequent that you don't need to register them or pay their social stoppages.

Thanks. We're actually planning to use some women that had responded to a thread I created here on the EF earlier today (rather than going through a site like babysitting24.ch).

Yeah, I thought that, too -- that the job/pay would be so minimal that it would hopefully not involve any kind of legal issues. But my husband is afraid that, if someone wanted to, they could try to sue us for accident insurance. (Personally, I think he just doesn't want us to use a babysitter, but that's because HE'S not the one usually stuck home with the baby all day while trying to work. ).

So I guess that I should draw up a little contract for them to sign, which waives our right to pay any kind of accident insurance. I just hope that that is legal!
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Old 02.07.2012, 22:31
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Re: Questions regarding legal issues when using a babysitter

Accident insurance is only required for an employee who is contracted to work 8 or more hours per week.
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Old 02.07.2012, 22:32
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Re: Questions regarding legal issues when using a babysitter

It isn't legal to waive that right, no. Domestic help is an employment situation, and requires accident insurance. Frankly, though, it only costs 100 bucks a year, so it's kind of a no-brainer to get it!

Edit: Ok, Lou says it's not required. I could be wrong - but I thought that all part-time help required it. Otherwise, most people who employ a cleaner, for example, wouldn't need to bother.

Edit the second: According to this link (http://quitt.ch/Documents/quitt-Employer-EN.pdf), which is admittedly a biased source as they're trying to sell you something, all domestic help requires accident insurance.
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Old 02.07.2012, 22:37
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Re: Questions regarding legal issues when using a babysitter

Thanks for the responses.

Does anyone know where online I could check for such information (e.g. a government website) or if there might be a government "agency" that I could contact? I have no idea what type of office here handles such issues.
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Old 02.07.2012, 22:42
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Re: Questions regarding legal issues when using a babysitter

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Thanks for the responses.

Does anyone know where online I could check for such information (e.g. a government website) or if there might be a government "agency" that I could contact? I have no idea what type of office here handles such issues.
You will need accident insurance to cover accidents whilst working, however once they get home insurance ends. Unless they work 8 hours a week every week, then you need to cover non work accidents.
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Old 02.07.2012, 22:44
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Re: Questions regarding legal issues when using a babysitter

Fatmanfilms is right, I believe.

Link here:

http://www.suva.ch/english/startseit...ng-en-suva.htm
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Old 02.07.2012, 22:52
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Re: Questions regarding legal issues when using a babysitter

You may want to check here as well (German/French/Italian only):
http://www.seco.admin.ch/keine-schwa...x.html?lang=de
Bottom line: Yes, you need to register if you pay a salary. There is no minimum threshold when you have someone working in your home. However, you may qualify for the "simplified registration". Details here: http://www.seco.admin.ch/keine-schwa...x.html?lang=de
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Old 02.07.2012, 22:54
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Re: Questions regarding legal issues when using a babysitter

Before you try and impose Anglo-Saxon laws on Swiss baby sitters, why not ask your local SUVA for advice?
You cannot reasonably ask someone to opt out of their legal rights.

You might find that you are covered by your "Privat Haftpflicht Versicherung".

http://de.wikipedia.org/wiki/Unfallv..._%28Schweiz%29

http://tel.local.ch/en/q/?what=SUVA&...id=directories
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Old 02.07.2012, 22:59
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Re: Questions regarding legal issues when using a babysitter

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Before you try and impose Anglo-Saxon laws on Swiss baby sitters, why not ask your local SUVA for advice?
You cannot reasonably ask someone to opt out of their legal rights.

You might find that you are covered by your "Privat Haftpflicht Versicherung".

http://de.wikipedia.org/wiki/Unfallv..._%28Schweiz%29

http://tel.local.ch/en/q/?what=SUVA&...id=directories
Not sure what you mean exactly by trying to impose "Anglo-Saxon laws." Secondly, the babysitters I'm planning to use are not necessarily Swiss citizens.

But that's precisely what I was trying to ask -- if it was their legal right to have accident insurance. I didn't want to ask someone to opt of something that they're legally entitled to.

But thanks for the links!
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Old 02.07.2012, 23:32
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Re: Questions regarding legal issues when using a babysitter

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Not sure what you mean exactly by trying to impose "Anglo-Saxon laws."

if it was their legal right to have accident insurance. I didn't want to ask someone to opt of something that they're legally entitled to.

!
You can't & thats EXACTLY the point.
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Old 02.07.2012, 23:49
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Re: Questions regarding legal issues when using a babysitter

Sorry -- I just felt a bit misinterpreted because I wasn't trying to impose "Anglo-Saxon laws" on anyone.

Also, I work part-time for a Swiss employer and I'm pretty sure I have no accident insurance through him.
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Old 02.07.2012, 23:50
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Re: Questions regarding legal issues when using a babysitter

You should just get an add on to your RC insurance anyway. As was said above it's like 100CHF a year. This (IIRC) takes care of your responsibility for anyone working in your house including plumbers, etc. should they have an accident in your house.

We set up all our insurance about a month ago and I've already forgotten! But I could dig out the papers if you want.

As for pay their social contributions, etc, here in Francophonia we have "cheques emploi" which takes care of all the social contributions. If you have something like that on your side of the world you should look into it.

Otherwise get in touch with the RedCross. They have babysitter classes and lists of baby sitters. I'd bet they could tell you what you need to do to employe them.
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Old 02.07.2012, 23:55
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Re: Questions regarding legal issues when using a babysitter

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Sorry -- I just felt a bit misinterpreted because I wasn't trying to impose "Anglo-Saxon laws" on anyone.

Also, I work part-time for a Swiss employer and I'm pretty sure I have no accident insurance through him.
How many hours do you work part-time for the same Swiss employer?
It is just possible to fall through the net (I occasionally do) even when registered with the RAV who will cover accident insurance if <<<i don't work!

Whilst working & travelling to or from work you are ALWAYS covered.
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Old 02.07.2012, 23:56
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Re: Questions regarding legal issues when using a babysitter

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You should just get an add on to your RC insurance anyway. As was said above it's like 100CHF a year. This (IIRC) takes care of your responsibility for anyone working in your house including plumbers, etc. should they have an accident in your house.
Thanks! That answered a new question I had about whether or not the (approx.) 100 CHF would cover only one particular babysitter or ALL of them.

Going to have the hubby call our insurance company tomorrow.
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Old 02.07.2012, 23:56
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Re: Questions regarding legal issues when using a babysitter

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Sorry -- I just felt a bit misinterpreted because I wasn't trying to impose "Anglo-Saxon laws" on anyone.

Also, I work part-time for a Swiss employer and I'm pretty sure I have no accident insurance through him.
You don't have to pay their accident insurance unless they work for you more than 8 hours per week (at least that's how it is in Vaud). But you should have "civil responsibility" insurance that covers people working occasionally in your home.

ETA: Do look to see if you have similar program like "cheques emploi" in your area. It really does cover everything for you. It's possible people who babysit regularly are already enrolled.
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Old 02.07.2012, 23:58
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Re: Questions regarding legal issues when using a babysitter

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You don't have to pay their accident insurance unless they work for you more than 8 hours per week (at least that's how it is in Vaud). But you should have "civil responsibility" insurance that covers people working occasionally in your home.
It's 8 hours a week average, you could work 50 hours one off & not be insured, which is how I fall through the net.
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Old 02.07.2012, 23:59
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Re: Questions regarding legal issues when using a babysitter

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How many hours do you work part-time for the same Swiss employer?
It is just possible to fall through the net (I occasionally do) even when registered with the RAV who will cover accident insurance if <<<i don't work!

Whilst working & travelling to or from work you are ALWAYS covered.
Well, I work from my home computer -- and only about 15 hours per week -- for him, so maybe that's why I don't have insurance through him? Obviously, I find this accident insurance thing quite confusing. So I really do appreciate all the advice on here! Even my Swiss husband was unsure about much of it.
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Old 03.07.2012, 00:07
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Re: Questions regarding legal issues when using a babysitter

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This (IIRC) takes care of your responsibility for anyone working in your house including plumbers, etc. should they have an accident in your house.
Am I understanding this correctly - I should carry accident insurance for any plumber, electrician, repairman, etc. who is working in my home?

Are these folks not covered under their own company's insurance?

Seriously worried now...
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