Employing domestic staff

Employing domestic staff

 "A Swiss family is offering me a full-time job with multiple tasks: looking after the children, cooking, cleaning, etc. In return, I will live in their house and can eat there every day. In return, I'll live in their house and can eat there every day. The salary we're discussing is only a few hundred francs a month, but in my situation I'm afraid I have no other options. Are there any specific rules on this? " 

N, Geneva

Many families use domestic staff to carry out various domestic tasks. It is important to understand that the person receiving help in the home is in the position of employer vis-à-vis the staff, so the parties are bound by a genuine contract of employment.

This qualification entails the application of all the provisions designed to protect workers, such as those prohibiting unfair dismissal. But the law does not stop there: certain economic sectors are governed by special regulations when the vulnerability of the employees generally active in the sector requires greater protection. This is the case for the domestic economy, for which the canton of Geneva has issued a standard employment contract, applicable in particular to cooks, gardeners and nannies, which sets out provisions specific to the sector.

In particular, this standard contract introduces minimum wages, which vary according to the qualifications of the person employed. For example, an unqualified person with no professional experience relevant to the position must earn a minimum of CHF 3,801 per month.

The minimum remuneration must take into account the so-called "in-kind" remuneration - if provided for - for board and lodging. This remuneration is quantified in the standard contract and does not depend a priori on the accommodation concerned. Thus, only CHF 11.50 per day for accommodation, CHF 3.50 for breakfast, CHF 10 for lunch and CHF 8 for dinner may be deducted from the salary in cash. Salaries in kind, like cash salaries, are subject to social security contributions.

The Canton of Vaud has similar rules. However, the minimum wage is set at an hourly rate and there is no provision for remuneration in kind in the standard Vaud contract, which refers to the federal law on social insurance.

The remuneration of a few hundred francs per month does not therefore appear to comply with the standard employment contract, even if the salary in kind corresponds to accommodation and meals of a remarkable quality or value. Even if you have no particular qualifications, you can still claim a higher salary.