Help -- Showing Child care options while on RAV - Page 2

JackieH · #21 02.03.2021, 09:13

If she has an accident, be it at your home, on the way, or indeed anywhere in the world- and you have not insured her- she could sue you too, and she would win.

fatmanfilms · #22 02.03.2021, 09:21

	Quote:	JackieH
	If she has an accident, be it at your home, on the way, or indeed anywhere in the world- and you have not insured her- she could sue you too, and she would win.

It depends on the no of hours worked, it's quite likely the nanny has accident insurance with health insurance, which I believe is a requirement if you are not otherwise insured.

swisspea · #23 02.03.2021, 09:22

	Quote:	UserNamesAllTaken
	We currently hire, part-time, a nanny who is going to university for a masters degree involving childcare. My wife told her ORP (I assume ORP in french= RAV in german) counsellor that she has a nanny. My wife's counsellor wants to see proof of child-care arrangements. The counsellor warned her that a nanny working "In the black" or something like that would cause problems. Would it be a problem if our student-nanny is paid in cash, with no written contract? Isn't it her responsibility to report her income, not ours?

If you are not deducting the required insurances and paying a pension contribution, and you are not paying the basic minimum per hour for domestic workers which is legislated in Geneva - then yes, you are employing 'black'.

I also must note that I love the way you say 'your wife is employing' - if you are married, have a child together - then you are both employing the nanny, in your home, and you are both responsible for breaking the law.

https://www.eda.admin.ch/missions/mi...ordinance.html

You do understand your 'babysitter' can sue you for failing to employ her legally and pay her the basic wage and make her social security deductions ?

AND whilst you have a 'verbal arrangement' any emails, whatsapp messages etc will record the arrangements, so it's highly unlikely you can pretend you did not employ this person.

Edited to add: the link above includes everything you need to make it legal.

swisspea · #24 02.03.2021, 09:25

	Quote:	fatmanfilms
	It depends on the no of hours worked, it's quite likely the nanny has accident insurance with health insurance, which I believe is a requirement if you are not otherwise insured.

That's true, but I wonder what happens if the accident insurance finds out that you were 'working' when you had the accident - would they sue the private employer to shift the cost ?

Black work in Switzerland still protects the employee. They have entitlements even if they did not ask for them.

Eg. employer does not pay pension deductions, employee is entitled to them and it's the employer's fault for not paying them, not the employee's fault for not asking.

JackieH · #25 02.03.2021, 10:55

If a nanny covers full time then she has to be insured for accidents. Swiss Law says any employee who works over 8 hours per week has to be insured by employer.

Back to OP, if you are paid by RAV, you are considered as their employee, and ready to go to work at short notice- so childcare has to be in place, officially and legally.