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Old 04.10.2020, 09:41
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Employment Law

Good morning,
I have scoured the internet and I have looked on the forum, but I canít find the answers to my questions. I am needing some help and guidance regarding my domestic employment contract.
I would like to speak to someone, in confidence as Iím scared of losing my job, who does not charge a fortune or better yet, is free. I am not able to go an stand in a queue somewhere as it would cause suspicion at work if my whereabouts cannot be accounted for.
I have contacted Perfect Ways And Rockmybaby already and they were not able to give me much help regarding my issues. Any leads would be greatly appreciated.
Thank you 🙏🙏🙏
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  #2  
Old 04.10.2020, 10:58
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Re: Employment Law

You can be fired at any time, for any or no reason, so long as they respect the terms contract.

Tom
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Old 04.10.2020, 12:24
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Re: Employment Law

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You can be fired at any time, for any or no reason, so long as they respect the terms contract.

Tom
Not quite any reason... "Because you're male" for example, wouldn't be allowed. But they'd be unlikely to state that as a reason. It's not impossible though - some employers are really stupid.
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Old 04.10.2020, 12:43
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Re: Employment Law

What do you need to know?
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Old 04.10.2020, 12:50
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Re: Employment Law

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Not quite any reason... "Because you're male" for example, wouldn't be allowed. But they'd be unlikely to state that as a reason. It's not impossible though - some employers are really stupid.
Hmm, that sounds more like a reason not to hire someone in the first place.

@OP,

Read your employment contract. Carefully.
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Old 04.10.2020, 13:00
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Re: Employment Law

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I have scoured the internet and I have looked on the forum, but I canít find the answers to my questions. I am needing some help and guidance regarding my domestic employment contract.
In order to possibly help, can we know what the questions are??
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Old 04.10.2020, 14:57
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Re: Employment Law

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In order to possibly help, can we know what the questions are??
9 years ago I came to work as a nanny in Switzerland, after 4yrs with the family, I resigned. To cut a long story short, they could not fin a suitable replacement, I returned to help 9 times in 8 months and to help. We then negotiated my return which was as follows.
They pay my tickets too and from the U.K.
I work a minimum of 10 days a month (so that I assured of getting a minimum amount each month)
Any extra days I do are just added on at the same day rate, no overtime.
I work Saturdays, Sundays, public holidays all for the same rate. When in Switzerland, itís work.
99% of the time, when I am here, they are not. So I am on duty 24/7. I canít go out in the evening etc as I need to be available at all times as there are children in the house.
It is almost time to renew my permit and they have asked me to bring a copy of my contract.
This is where I am starting to worry:
They have written that I work 50-80% and that I 20-32hrs a week.
By my calculations, thatís nonsense.
I work 24/7 for a minimum of 10 days a month = 240hrs. Iím worried this will get me into trouble somehow.
The other issue I have is all the self isolation I need to do. I have to self isolate in the U.K. for 14 days when I fly home and I need to self isolate for 10 days in Switzerland when I arrive. Am I meant to get paid for those days? Do I offer to do UK side for free and charge for the 10 days Swiss side..... have no idea on that.
As much as I love my job, not being paid for 24 days and only working for 10 days salary seems unfair.
I have never been given holidays Because it states in my contract as follows:

Vacation entitlement and official holidays: 2.5 weeks, that is 12.5 working days a year. The holidays are covered by the net salary.

Is that allowed? I know I sign the contract, but what I would like to know is that if all the self isolation malarkey blows up and I get given my notice, can I try to claim that holiday?

Where do I stand. I really love the family I am working with, but it is a case of nothing extra, no bonus. So if I am entitled to get that holiday money at some point, I would like too.

Or do I need to just put my big girl panties on, suck it up and work all the self isolation for free, not try to claim any holidays, work for minimum wage of someone with 4ys experience (I have 25+) and just keep smiling......

So, I hope that has all made sense and I would love some advice.
Thank you 🙏
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Old 04.10.2020, 15:12
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Re: Employment Law

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Not quite any reason... "Because you're male" for example, wouldn't be allowed. But they'd be unlikely to state that as a reason. It's not impossible though - some employers are really stupid.
They don't need to state any reason at all.
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Old 04.10.2020, 15:16
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Re: Employment Law

it's not the nanny agencies that will take your case. You need to contact the swiss Nanny association and you may also approach UNia (a workers union) or possibly there is another union that represents nannies.


Do you have a record of what they have actually been paying you ? Proper payslips ? Were you paid cash or via your bank - so you have a record ?



People might say that there is no 'minimum wage' in Switzerland- but there is for domestic staff. You may find that your employer actually owes you enormous wages, and also insurances - sounds like they have been bringing you in/out without a proper employment approval...



Do you have any pay slips or calculations that show that they have been paying your compulsory taxes and insurances ?



I'm also curious to know what your base hourly salary is - if it's less than 20chf/hour, you certainly would have a case to go to the union...



Does your 'contract' state your hourly rate/monthly salary ?


And by the way, night work should by law be paid hourly, and your live-in arrangements may also be part of your contract, and there is a standard deduction for live-in nannies, but more than 45 hours/week is overtime.



Absolute minimum salary for a nanny, by law is 18.90/hour and if you are not being paid holidays then there is an additional percentage on top of that... which brings it up to close to 20chf/hour, for every hour that you work, minus probably some sort of 'bed and board' allowance because you live-in.
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Old 04.10.2020, 15:19
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Re: Employment Law

Not sure how you can really be flying back and forth between U.K. and Switzerland right now with the quarantine. are you doing 14 days in U.K. then 10 days in CH then 10 days work? That’s mental. Can you not just stay in CH till COVID is over?

Have you asked the family to change the hours on your contract? Do you have pay slips with your actual hours worked?
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  #11  
Old 04.10.2020, 15:29
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Re: Employment Law

I have ALL my payslips!
I just think that that is why they have said on paper now that I work 20-32hrs a week.
I am legally here, B permit.
I will isolate as I need my job and no, I canít just stay in Switzerland until Covid is over as I have a family (husband & kids) in the UK.
Like I said, if I divide my gross salary by 24/7, I am getting the minimum wage for someone with 4yrs experience.
Iím more concerned about who pays isolation and if I land up losing my job because itís not worth all the isolation, can I claim my holidays.
As quoted in a previous reply:


Vacation entitlement and official holidays: 2.5 weeks, that is 12.5 working days a year. The holidays are covered by the net salary.

My contract states I work 10 days a month.

Thanks 🙏
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Old 04.10.2020, 15:34
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Re: Employment Law

That's great to hear. I am glad you are being paid reasonably... many are not!


The reality right now is that you face the compulsory quarantine going back and forth. If you are being paid the percentage to cover holidays, then I think this also restricts your access to sick pay.



I have no idea how you can resolve that - as I said, Unia is the workers union to answer that question:

https://www.unia.swiss/coronavirus
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Old 04.10.2020, 15:43
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That's great to hear. I am glad you are being paid reasonably... many are not!


The reality right now is that you face the compulsory quarantine going back and forth. If you are being paid the percentage to cover holidays, then I think this also restricts your access to sick pay.



I have no idea how you can resolve that - as I said, Unia is the workers union to answer that question:

https://www.unia.swiss/coronavirus

Yes, I get the very basic minimum wage of someone with 4yrs exp, I have 25.
I am entitled to sick pay, but I was hoping for someone to give advice on holidays etc. Thank you

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Not sure how you can really be flying back and forth between U.K. and Switzerland right now with the quarantine. are you doing 14 days in U.K. then 10 days in CH then 10 days work? Thatís mental. Can you not just stay in CH till COVID is over?

Have you asked the family to change the hours on your contract? Do you have pay slips with your actual hours worked?

Hi, I will isolate as I need my job, was just wanting some advice on if I should be paid whilst in isolation or not. Iím happy to cover the 14 days whilst in the Uk, but was wondering if once I get in a plane itís business as usual, be it isolation or work. Itís always been a case of once I get on a plane Iím paid, but these are unprecedented times and I want to be fair.
My contract states ď10 working days a month - flexible, made up by the employer before each month commencesĒ
I was hoping to find out, if I land up losing my job, if I could claim holidays that I never got. The reason I ask is that I saw that one canít get it included in ones salary, you need to have it. My contract states the following re holidays:

Vacation entitlement and official holidays: 2.5 weeks, that is 12.5 working days a year. The holidays are covered by the net salary.

Hoping to get some clarification. Thanks

Last edited by roegner; 04.10.2020 at 15:53. Reason: Merging consecutive posts
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Old 04.10.2020, 16:48
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Re: Employment Law

Where has my post ďmergedĒ too?
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Old 04.10.2020, 16:53
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Re: Employment Law

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If you are being paid the percentage to cover holidays, then I think this also restricts your access to sick pay.
No holidays are not connected to sick pay in any way.
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Old 04.10.2020, 16:54
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Re: Employment Law

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Where has my post ďmergedĒ too?
Your consecutive posts were merged with each other to keep the thread a bit more tidy. The posts are still here, just stuck together as one.
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Old 04.10.2020, 17:17
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Re: Employment Law

"Yes, I get the very basic minimum wage of someone with 4yrs exp, I have 25.
I am entitled to sick pay, but I was hoping for someone to give advice on holidays etc. Thank you"


This is an excerpt from the Swiss Federal government publication "Domestic work", linked below (English):



"18 Are domestic staff entitled to holidays?

Domestic staff are entitled to at least four weeks of paid holidays per year. A holiday week must be the same as a working week. For example, some-one who works three hours per week will also be entitled to these three hours of free time during a holiday week.

For employees on hourly wages, holiday pay must be calculated and paid as a supplement of 8.33 % (10.64 % for five weeks of holidays and 13.04 % for six weeks) on the (gross) wages earned to date.

Clauses stating that holidays or holiday pay are included in the em-ployeeís wages are not permitted."


https://www.ahv-iv.ch/p/2.06.e
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Old 04.10.2020, 17:50
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"Yes, I get the very basic minimum wage of someone with 4yrs exp, I have 25.
I am entitled to sick pay, but I was hoping for someone to give advice on holidays etc. Thank you"


This is an excerpt from the Swiss Federal government publication "Domestic work", linked below (English):



"18 Are domestic staff entitled to holidays?

Domestic staff are entitled to at least four weeks of paid holidays per year. A holiday week must be the same as a working week. For example, some-one who works three hours per week will also be entitled to these three hours of free time during a holiday week.

For employees on hourly wages, holiday pay must be calculated and paid as a supplement of 8.33 % (10.64 % for five weeks of holidays and 13.04 % for six weeks) on the (gross) wages earned to date.

Clauses stating that holidays or holiday pay are included in the em-ployeeís wages are not permitted."


https://www.ahv-iv.ch/p/2.06.e

Hello,
Thank you for your reply.
So my contract states that I am employed to work 10 days a month. As I explained in previous replies, Iím a nanny, fly in from U.K. when Iím needed. Basically work 24/7 when here. So thatís 10 days @ 24/7 which would make me full time? But they gave me a letter to hand in at immigration (about to go an renew my B permit) that says Iím 50-80% and I work 20-32hrs a week......
My salary statement says that there a holiday surcharge which is added to my net salary, along with all the other deduction. So am I hourly or monthly? Do I get to have holiday or not because itís added to my net salary (nannies usually negotiate on a net salary and the all else is added on). 🙏

Iím still confused. Can someone recommend a fairly priced employment lawyer I can go and see in the ZŁrich area. Would love to take my little contract and have someone go over it with me. Thanks

Last edited by roegner; 04.10.2020 at 18:10. Reason: Merging consecutive posts
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Old 04.10.2020, 18:57
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Re: Employment Law

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Hello,
Thank you for your reply.
So my contract states that I am employed to work 10 days a month. As I explained in previous replies, Iím a nanny, fly in from U.K. when Iím needed. Basically work 24/7 when here. So thatís 10 days @ 24/7 which would make me full time? But they gave me a letter to hand in at immigration (about to go an renew my B permit) that says Iím 50-80% and I work 20-32hrs a week......
My salary statement says that there a holiday surcharge which is added to my net salary, along with all the other deduction. So am I hourly or monthly? Do I get to have holiday or not because itís added to my net salary (nannies usually negotiate on a net salary and the all else is added on). 🙏

Iím still confused. Can someone recommend a fairly priced employment lawyer I can go and see in the ZŁrich area. Would love to take my little contract and have someone go over it with me. Thanks
It's illegal to work 24/7.

Lawyers in CH will charge from 250-500 CHF an hour or more, I don't think that is what you want.
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Old 04.10.2020, 19:05
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Re: Employment Law

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It's illegal to work 24/7.

Lawyers in CH will charge from 250-500 CHF an hour or more, I don't think that is what you want.
As a nanny, there is nothing unusual about working 24/7. If the family we work for goes away, we are there to look after everything until they return...... of course we go to sleep, but we are there to wake up with kids at night etc etc...
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