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-   -   Employment rights during 90 day short term employment (https://www.englishforum.ch/employment/299889-employment-rights-during-90-day-short-term-employment.html)

Casaurina 29.08.2020 18:49

Employment rights during 90 day short term employment
 
Please can someone advise me whether normal Swiss employment law applies to people working in Switzerland under the permitted 90 day short-term employment rule? My 20 year old son is working in a temporary job for up to 90 days in Ticino canton, and his Swiss employer has registered him for this purpose with the relevant authority.
The problem is that he is being made to work longer hours, and more continuous days without a day off, than is normally allowed under Swiss employment law. When he queried this with his employer, she said the normal employment rules don't apply to people working for this 90 day period. Is that true?
She also said that she is providing him with free meals in lieu of having a day off each week - is this allowed? The free meals were agreed in advance for the first 2 weeks of his employment, whilst he is working at the employer's summer mountain home. He was not told he would lose his one day off a week to pay for the meals!
I would appreciate any advice about this, as I suspect he is being unfairly exploited.

Medea Fleecestealer 29.08.2020 19:11

Re: Employment rights during 90 day short term employment
 
I think he is too. I would contact the relevant cantonal authority to ask what is allowed and what isn't.

https://www.sem.admin.ch/sem/de/home...verfahren.html

st2lemans 29.08.2020 19:39

Re: Employment rights during 90 day short term employment
 
Quote:

Originally Posted by Casaurina (Post 3212140)
I suspect he is being unfairly exploited.

I do as well.

Where in Ticino? What sort of job?

My daughter's flat mate is a lawyer in training, I could ask her, or a lawyer friend of mine.

Tom

Mullhollander 29.08.2020 20:00

Re: Employment rights during 90 day short term employment
 
At this link is an overview of Swiss employment law in English:

https://www.seco.admin.ch/seco/en/ho...uhezeiten.html

Casaurina 30.08.2020 00:50

Re: Employment rights during 90 day short term employment
 
Quote:

Originally Posted by st2lemans (Post 3212159)
I do as well.

Where in Ticino? What sort of job?

My daughter's flat mate is a lawyer in training, I could ask her, or a lawyer friend of mine.

Tom

The job is looking after horses and doing general maintenance. The initial two weeks are in Dalpe where the horses go for their summer holiday, and after that he will be based at the employer's stable yard just outside Lugano.

kri 30.08.2020 07:55

Re: Employment rights during 90 day short term employment
 
Whilst he gathers all the information, please tell him to keep record of his working hours as accurately as possible.
Start
Break start time and end
Lunch time start and end
Break start and end
End

This will help me make demands on back pay as needed once the regulation is clear.
(Personally I suspect theere is more leniency with seasonal/causal jobs but the remuneration needs to be appropriate - ie Sunday work is paid at a higher factor and so is no day off etc)

Does he have a proper contract and what does it say.

K

st2lemans 30.08.2020 08:46

Re: Employment rights during 90 day short term employment
 
Where near Lugano, I know several horse farms.

Tom

Casaurina 30.08.2020 09:54

Re: Employment rights during 90 day short term employment
 
Thank you Tom for your help with this (I haven't worked out how to use the 'Thanked' function on this forum yet!).
Unfortunately he does not have a written contract, although he told me before leaving that he did have a written agreement - it turns out this was just text message confirmation from the employer that she did want him for the job, and that she had registered him under the 90 day short-term employment rule. She has forwarded him an electronic copy of that registration.
His working hours are 7am-12 nooon, 3pm-7pm, 1 hr dinner break, then 8-8:30pm. He has been working those hours every day since starting on Saturday 22nd August, so today is his 9th consecutive day of working with no day off.
The main stud is called Fattoriacollinadoro in Gentilino, but at the moment he is still at the employer's mountain house in Dalpe. It is while he is in Dalpe that his employer has told him that his 'free' meals are in lieu of having any days off.

Island Monkey 30.08.2020 09:56

Re: Employment rights during 90 day short term employment
 
I have often wondered about the working rules for short term contracts and on call contracts.... because ski schools don't seem go give a fig about days off or breaks :confused: ... 9 days straight is nothing in the ski instructing world, try 3 weeks or more.

NotAllThere 30.08.2020 09:59

Re: Employment rights during 90 day short term employment
 
Quote:

Originally Posted by Casaurina (Post 3212254)
Thank you Tom for your help with this (I haven't worked out how to use the 'Thanked' function on this forum yet!).

I've thanked him for you and given him a green blobby as well. :D

Medea Fleecestealer 30.08.2020 10:07

Re: Employment rights during 90 day short term employment
 
Quote:

Originally Posted by Casaurina (Post 3212254)
Thank you Tom for your help with this (I haven't worked out how to use the 'Thanked' function on this forum yet!).

Once you have 10 posts the thanks button will appear (along with the groan one ;) ).

Casaurina 30.08.2020 10:13

Re: Employment rights during 90 day short term employment
 
Hello Kri,
Sorry I addressed my answer about hours to Tom by mistake!
His working hours are 7am-12 noon, 3-7pm, 1 hour dinner break, then 8-8:30pm.
He started work on Saturday 22nd August, so today is his 9th consecutive day of working with no day off.
Unfortunately he does not have a written contract. He has text messages from the employer confirming that she wants him for the job, and that he has been registered for 90 days short-term employment, and he has an electronic copy of that registration.
He is currently working at the employer's summer home in Dalpe, and it is while he is there that his employer has told him his 'free' meals are instead of days off. The free meals were agreed in advance for the time he is based in Dalpe, but not the fact that they were in lieu of any days off. When he is back at the main stud in Gentilino he will provide his own food and will have one day off a week.

aSwissInTheUS 30.08.2020 10:34

Re: Employment rights during 90 day short term employment
 
Sounds like the guy is working in hospitality. In that case some special rules apply.

If this is the case he is subject to the L-GAV/CCNL the Swiss general contract for hospitality workers (cooks, servers, food delivery, maids, concierge, etc. etc.)
The contract should look like this: https://l-gav.ch/fileadmin/downloads...ertrag_ITA.pdf
But it can also be done verbally. Nevertheless all the clauses of the L-GAV/CCNL will fully apply. The hospitality employee can request a written contract any time https://l-gav.ch/it/domande-risposte/art-4-assunzione

Furter information and special provision (please read and understand):
https://l-gav.ch/it/downloads/contra...l-del-01012018


There are special clauses for seasonal establishments. Never the less he should have one day off each week *. This can not be compensated with "free meals".
*) Full time worker have the right for two days off. But one of the days can be postponed for up to 12 weeks and taken in bulk.

For questions and non-compliance contact:
https://l-gav.ch/it/contatto
and the relevant unions: Syna or Unia

As others have said it is important to keep track of the hours worked.

st2lemans 30.08.2020 10:35

Re: Employment rights during 90 day short term employment
 
Only one day off per week while working 9 1/2 hours/day seems not right.

Also, how much vacation does he get?

I will ask.

Tom

kri 30.08.2020 10:59

Re: Employment rights during 90 day short term employment
 
Sounds a lot but in the hospitality not unheard of for 90 days stints.

Please let us know what you find out from your reaserch.

Island Monkey 30.08.2020 11:54

Re: Employment rights during 90 day short term employment
 
Quote:

Originally Posted by Casaurina (Post 3212223)
The job is looking after horses and doing general maintenance. The initial two weeks are in Dalpe where the horses go for their summer holiday, and after that he will be based at the employer's stable yard just outside Lugano.

Quote:

Originally Posted by aSwissInTheUS (Post 3212264)
Sounds like the guy is working in hospitality. In that case some special rules apply.

How is horse care and maintenance hospitality? :confused:

aSwissInTheUS 30.08.2020 12:37

Re: Employment rights during 90 day short term employment
 
Quote:

Originally Posted by Island Monkey (Post 3212281)
How is horse care and maintenance hospitality? :confused:

I do not know either :msnblush: (Where is my rock?)

Agriculture, farms, and plant nursery have also special rules outside the regular employment laws. Even more (or should I say less) than hospitality.

This also applies to horse breeders:
https://www.bundespublikationen.admi...03201E52E3.pdf

The rules for agriculture is set by the cantons. For Ticino it could be this here:
https://www.seco.admin.ch/seco/de/ho...ne/Tessin.html

In Ticino the max. hours per week are 50, 1 day off per week, and 4 x 1/2 day per month. http://www.agrisodu.ch/index.php?opt...id=570&Itemid=

Casaurina 30.08.2020 13:05

Re: Employment rights during 90 day short term employment
 
Quote:

Originally Posted by Island Monkey (Post 3212255)
I have often wondered about the working rules for short term contracts and on call contracts.... because ski schools don't seem go give a fig about days off or breaks :confused: ... 9 days straight is nothing in the ski instructing world, try 3 weeks or more.

Hello Island Monkey, that is interesting about your experience of ski instructor work. Could I ask, were you paid on a fixed monthly salary, or paid per day worked?

Island Monkey 30.08.2020 13:14

Re: Employment rights during 90 day short term employment
 
Quote:

Originally Posted by Casaurina (Post 3212291)
Hello Island Monkey, that is interesting about your experience of ski instructor work. Could I ask, were you paid on a fixed monthly salary, or paid per day worked?

Paid by the hour worked. No guaranteed hours, so no work no money. But also no right to days off. During peak season, no days off were allowed. Outside of peak season, you only got a day off if you asked for it, or of course if there was no work. Equally they would refuse you a day off if it was super busy and they needed you. Oh and your lunch break can be often spent skiing between areas to meet different guests. On the other hand, you might be skiing with guests who have you for the whole day, start late finish early and take you for a long lunch....

Casaurina 02.09.2020 02:37

Re: Employment rights during 90 day short term employment
 
An update on my son's employment situation; he has resigned from his job.
The employer was not only refusing to let him have any days off whilst up in Dalpe, but also treating him unfairly in other ways, and he could see the situation wasn't going to improve. He is now back at the main yard near Lugano and has agreed to work until the end of Thursday, then leave on Friday. His employer has said she will pay him in cash on Thursday but has been vague about the amount, so we will have to wait and see if she pays him any extra for the missed days off and the hours in excess of 50 p/week that he worked.


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