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Old 29.08.2020, 18:49
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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.
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Old 29.08.2020, 19:11
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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
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Old 29.08.2020, 19:39
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Re: Employment rights during 90 day short term employment

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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
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Old 29.08.2020, 20:00
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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
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Old 30.08.2020, 00:50
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Re: Employment rights during 90 day short term employment

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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.
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Old 30.08.2020, 07:55
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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
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Old 30.08.2020, 08:46
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Re: Employment rights during 90 day short term employment

Where near Lugano, I know several horse farms.

Tom
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Old 30.08.2020, 09:54
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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.
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Old 30.08.2020, 10:13
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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.
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Old 30.08.2020, 10:35
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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
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