¹ This Ordinance supplements the provisions of the Host State Ordinance of 7 December 2007⁴ (HSO), and governs the conditions for entry, residence and work for private household employees as defined in Article 2 paragraph 2 letter c HSA.

² Cantonal or federal standard employment contracts concerning the employment of workers in the domestic services industry and any other cantonal provisions regulating the working conditions or salaries of workers in the domestic services industry do not apply to persons who fall within the scope of this Ordinance.

³ This Ordinance does not apply to:

a.

members of service staff (Art. 3) or members of local staff of diplomatic missions, permanent missions or other representations to intergovernmental organisations or consular posts as defined in Article 5 of the HSO;

b.

private household employees of Swiss nationality or foreign nationals with authorisation to stay or reside or who have been granted temporary admission;

c.

private household employees who accompany, for temporary stays, members of special missions within the meaning of Article 2 paragraph 1 letter g of the HSA or delegates at international conferences, provided that such members of special missions or delegates do not have their usual residence in Switzerland.

⁴ This Ordinance applies to private household employees who are nationals of a member state of the European Union or EFTA and whose permanent place of residence at the time of their being engaged for employment was not Switzerland only to the extent that the Agreement of 21 June 1999⁵ between the Swiss Confederation and the European Union and its member states on the free movement of persons does not provide otherwise or where the provisions of this Ordinance are more favourable.

¹ A private household employee is, in accordance with Article 1 letter h of the Vienna Convention on Diplomatic Relations of 18 April 1961⁶ and Article 1 letter i of the Vienna Convention on Consular Relations of 24 April 1963⁷, a person who is in the domestic service of an individual beneficiary as defined by Article 2 paragraph 2 letters a and b HSA who is authorised to employ private household staff and who holds a legitimation card F issued by the Federal Department of Foreign Affairs (FDFA). The legitimation card attests the qualification as private household employee.

² Private household employees are not employed by the institutional beneficiary of the employer. They are directly engaged by their employer on the basis of an employment contract under civil law.

³ Domestic service is understood to mean any task carried out by the private household employee in the home of the employer, such as household chores, cooking, waiting on table, laundry, child care or gardening tasks.

¹ In accordance with Article 1 letter g of the Vienna Convention on Diplomatic Relations of 18 April 1961⁸ and Article 1 letter f of the Vienna Convention on Consular Relations of 24 April 1963⁹, a «member of service staff» is defined as an employee of the sending State in the domestic service of a diplomatic mission, permanent mission or other representation to an intergovernmental organisation, or of a consular post, who is a member of such mission, representation or consular post.

² Such a person is an employee of the sending State and is subject to the laws of such sending State. Such a person is generally employed as a chauffeur, usher, caretaker, or as cleaning or maintenance personnel for the chancery or the residence of the head of mission or head of post.

¹ On condition that they reside in Switzerland and hold the appropriate legitimation card issued by the FDFA, the following members of diplomatic missions and permanent missions or other representations to intergovernmental organisations may be authorised to employ a private household employee:

a.

heads of missions (legitimation card B);

b.

members of diplomatic staff (legitimation card C);

c.

members of administrative and technical staff (legitimation card D).

² Persons falling within the scope of paragraph 1 who are Swiss nationals or hold an authorisation to stay or reside pursuant to the FNIA do not have the right to engage a private household employee entitled to a legitimation card.

¹ On condition that they reside in Switzerland and hold the appropriate legitimation card issued by the FDFA, the following members of consular posts may be authorised to employ a private household employee:

a.

career heads of consular posts (legitimation card K with pink band);

b.

career consular officers (legitimation card K with pink band);

c.

career consular employees (legitimation card K with blue band).

² Persons falling within the scope of paragraph 1 who are Swiss nationals or who hold an authorisation to stay or reside pursuant to the FNIA do not have the right to engage a private household employee entitled to a legitimation card.

¹ On condition that they reside in Switzerland and hold the appropriate legitimation card issued by the FDFA, the following individuals who are staff members of an intergovernmental organisation, international institution, secretariat or other body created under international treaty, of an independent commission or international court or arbitration tribunal as specified in Article 2 paragraph 1 of the HSA may be authorised to engage a private household employee:

a.

members of senior management (legitimation card B);

b.

high-ranking officials (legitimation card C);

c.

other officials with professional status (legitimation card D).

² Persons falling within the scope of paragraph 1 who are Swiss nationals do not have the right to engage a private household employee entitled to a legitimation card.

¹ One private household employee only per household is allowed.

² The following persons may be authorised to engage several private house-hold employees:

a.

heads of diplomatic missions;

b.

heads of permanent missions or other representations to intergovernmental organisations;

c.

career heads of consular posts;

d.

members of senior management of the institutional beneficiaries specified in Article 6, paragraph 1 hereof.

³ Persons authorised to engage one private household employee may, in exceptional circumstances, be authorised to engage more if their particular situation so warrants.

⁴ Protocol or the Swiss mission will make decisions on a case-by-case basis. When considering individual cases they will take particular account of:

a.

previous employment disputes involving the employer or the institutional beneficiary concerned;

b.

the existence of any debts owed to creditors in Switzerland by the employer or the institutional beneficiary concerned.

¹ Prior to requesting authorisation to engage a private household employee from abroad, employers must look in Switzerland for a private household employee as defined within this Ordinance who is in search of employment and who is able and willing to fill the position. Protocol or the Swiss mission will take all the particular circumstances into account when determining which documents they require to demonstrate that a search in Switzerland has been unsuccessful.

² Employers who arrive in Switzerland accompanied by a private household employee who was in their service prior to being posted to Switzerland may be granted dispensation from looking for a private household employee in Switzerland.

¹ Subject to any derogation granted elsewhere in the provisions of this Ordinance, private household employees must satisfy all of the following conditions:

a.

be 18 years of age or over;

b.

not be a member of the family of the employer;

c.

hold a valid national passport;

d.

undertake to come to Switzerland alone; the entry, admission, stay and work of any persons wishing to accompany them are regulated by the FNIA, except as provided by Article 16, paragraph 2 hereof;

e.

work fulltime;

f.

work for one employer only who must be authorised to engage a private household employee pursuant to this Ordinance, except as provided by Article 11 hereof;

g.

be part of the household of the employer and work at the home of the employer, except as provided by Article 30 paragraphs 4 and 5 hereof;

h.

be aware that their stay in Switzerland is only authorised for as long as they remain in the service of a person authorised to engage a private household employee under the provisions of this Ordinance;

i.

have sufficient knowledge of one of the official languages of Switzerland, English, Spanish or Portuguese to enable them to communicate with the FDFA while residing in Switzerland without the need for the services of an interpreter.

² Private household employees are not authorised to exercise any secondary gainful activity in Switzerland or work for another employer within the meaning of this Ordinance, even if their employer does not give them enough work to keep them fully occupied, except as provided by Article 11 hereof.

¹ A written employment contract, drawn up in one of the languages specified in Article 9 paragraph 1 letter i hereof must be signed between the employer and the private household employee. The objective of this provision is to ensure clear and transparent conditions of employment.

² The employment contract must be drawn up based on the standard form contract drafted by the FDFA. It includes, in particular, the standard form pay slip, which is an integral part thereof. Only derogations from the standard form contract in favour of the private household employee are permitted.

³ Granting of authorisation to enter and a legitimation card are dependent upon the signature of an employment contract.

⁴ In accordance with Article 320 of the Code of Obligations (CO)¹⁰, neither an employer nor a private household employee may claim the absence of a written employment contract as a reason for not respecting their obligations under the relevant legal provisions, either as employer or employee.

¹ In exceptional circumstances, a private household employee may be authorised to work for a maximum of two employers at the same time.

² A request must be made by the first employer (paragraph 4 below) to Protocol or the Swiss mission through the institutional beneficiary concerned.

³ Both employers must be authorised under the provisions of this Ordinance to employ a private household employee.

⁴ The first employer to have taken the private household employee into his service shall be considered the primary employer and assumes all obligations and responsibilities relating to this engagement vis-à-vis the Swiss authorities.

⁵ The accumulated working hours of the private household employee must equate to and not exceed full-time employment (Art. 46).

⁶ The employment contract entered into between the second employer and the private household employee must provide for its automatic termination no later than the date of termination of the contact between the first employer and the private household employee. The private household employee then loses entitlement to a legitimation card, unless the second employer is prepared, and has been so authorised by Protocol or the Swiss mission, to re-engage the employee on a full-time basis.

¹ In exceptional circumstances and in response to a justified request, a married couple may be authorised to accompany an employer to Switzerland, subject to all of the following conditions:

a.

the employer is a person who, under Article 7 paragraph 2 hereof, may be authorised to engage several private household employees;

b.

the couple was already in the service of the same employer prior to their employer being posted to Switzerlan;

c.

the employer adapts their employment contracts to conform to the requirements of this Ordinance;

d.

both private household employees work on a full-time basis solely for this same employer and are not authorised to take on any secondary employment on the Swiss labour market or work for any other employer pursuant to this Ordinance;

e.

the length of stay in Switzerland of each of these private household employees is strictly limited to the duration of the employer's official functions;

f.

entry, admission, residence and work in Switzerland of persons wishing to accompany the couple employed as private household employees are governed by the FNIA; and

g.

each of the private household employees individually meets all the other conditions applicable to private household employees, in particular those set out in Article 9 hereof.

² A couple employed as private household employees are not permitted to change employer in Switzerland, whether individually or as a couple.

¹ Private household employees are authorised to change employer at any time, except as provided in Article 12 paragraph 2 hereof.

² On termination of employment, private household employees have a maximum period of two months from the employment termination date in which to find another employer pursuant to this Ordinance. The new employment relationship must have entered into effect no later than the expiry of this two-month period.

³ In the event that private household employees do not find new employment within the period specified in paragraph 2, or if their legitimation card is cancelled for any other reason, then they must leave Switzerland.

⁴ Private household employees who enter Switzerland pursuant to this Ordinance may not count the number of years spent in Switzerland while holding a legitimation card issued by the FDFA towards claiming a right to reside as contemplated by the FNIA. If they wish to remain in Switzerland without being engaged by an employer pursuant to this Ordinance then they must comply with the conditions prescribed by the FNIA.

¹ Employers, through their institutional beneficiary, are bound to inform Protocol or the Swiss mission without delay of any change in the civil status of a private household employee, such as marriage, birth of a child or death.

² A photocopy of the document evidencing such change in civil status must be included with the information provided to Protocol or the Swiss mission.

The marriage or registered partnership of a private household employee during the course of his or her employment, whether in Switzerland or abroad, does not confer upon his or her spouse or partner the right to stay nor to receive a legitimation card.

¹ A private household employee who becomes a parent during his or her period of employment may remain in Switzerland until the completion of his or her current employment contract. If the child is born in Switzerland and the private household employee has parental authority and custody of such child then he or she may keep the child with him or her. The employee may not change employer on termination of employment unless one of the following requirements has been met:

a.

the private household employee elects for the child to be looked after abroad for the duration of his or her stay in Switzerland;

b.

the private household employee obtains an authorisation to stay in accordance with the provisions of the FNIA for him or herself and the child, in which case this Ordinance no longer applies (Art. 1 para. 3 let. b); or

c.

custody of the child is accorded to the other parent who resides legally in Switzerland and who can exercise the right to family reunification, provided that the child is either granted by the competent authority authorisation to stay which is directly linked to that of the parent with custody or that it has Swiss nationality.

² In exceptional and justifiable circumstances, paragraph 1 hereof may be applied when the child is born abroad. Such a situation may arise in particular when a female private household employee has returned to her own country to give birth. Protocol or the Swiss mission will make decisions on a case-by-case basis.

³ The private household employee is responsible for all costs related to his or her child. Employers' obligations with respect to accommodation and food (Article 30) do not extend to the child. If the child resides in Switzerland, the private household employee must, at his or her own expense, take out compulsory healthcare insurance for the child in accordance with the Federal Health Insurance Act of 18 March 1994¹¹ (HIA). This obligation applies to both parents if they both reside in Switzerland.

⁴ The employer's institutional beneficiary concerned must inform Protocol or the Swiss mission immediately that the private household employee has become a parent and has parental authority and custody of the child, requesting that a legitimation card be issued in the name of the child.

Private household employees may be engaged in situ in Switzerland provided the conditions of this Ordinance are complied with.

The following persons may not be engaged in situ in Switzerland:

a.

persons who are not legally authorised to be in Switzerland;

b.

persons who are the object of ongoing proceedings relating to admission, deportation, or expulsion;

c.

asylum seekers;

d.

persons who are in Switzerland temporarily, notably as tourists, visitors, students, trainees, health patients;

e.

former private household employees who were issued with a FDFA legitimation card but whose prior employment has ceased and the delay period provided for under Article 13 paragraph 2 has expired;

f.

former members of service staff or local staff whose prior employment ceased more than one month before, as well as members of their family;

g.

former members of service staff or local staff or family members thereof who do not meet the admission conditions stipulated in this Ordinance.

¹ The employer's institutional beneficiary must submit to Protocol or the Swiss Mission all documents required for the legitimation card request procedure (Art. 25).

² Employers must ensure that private household employees engaged in Switzerland have a copy of the required documents.

³ All other procedural details will be determined by the FDFA.

The legitimation card issued by the FDFA serves as certification of residence for private household employees. The legitimation card does not confer upon private household employees or any person wishing to accompany them any right to obtain a residence permit pursuant to the FNIA.

¹ Immediately upon the arrival of a private household employee in Switzer-land, the employer's institutional beneficiary must send a request for a legitimation card to Protocol or the Swiss mission by verbal note.

² Private household employees must appear in person before Protocol or the Swiss mission to receive their legitimation card.

³ Protocol or the Swiss mission may require employers to appear in person so that they may satisfy themselves that the employer has fully understood his or her obligations as an employer.

⁴ All other procedural details, including which documents are required, are determined by the FDFA.

¹ Prior to the commencement of employment, the employer's institutional beneficiary must send to Protocol or the Swiss mission a request for a legitimation card by verbal note with a copy of the employment contract signed by the private household employee and the employer (Art. 10).

² Protocol or the Swiss mission may require the private household employee to appear in person to receive his or her legitimation card.

³ Protocol or the Swiss mission may require the employer to appear in person so that they may satisfy themselves that the employer has fully under-stood his or her obligations as an employer.

⁴ All other procedural details, including which documents are required, are determined by the FDFA.

¹ When the legitimation card of a private household employee expires, the employer's institutional beneficiary must send a request to Protocol or the Swiss mission to renew the legitimation card. Requests must be accompanied by proof of compulsory social insurance cover (i.e. insurance certificate or policy). Protocol or the Swiss mission may require to see additional documents, such as a copy of the employment contract signed between the private household employee and the employer, or evidence that all compulsory social insurance and medical insurance contributions have been paid.

² Protocol or the Swiss mission may require private household employees to appear in person to receive their new legitimation card without their employer or a representative thereof being present.

¹ On termination of employment, for whatever reason, the employer's institutional beneficiary must inform Protocol or the Swiss mission immediately.

² Private household employees must return their legitimation card to their former employer whose institutional beneficiary must forward it to Protocol or the Swiss mission.

Employers must ensure that private household employees are registered for social security insurance and any other compulsory insurance from the moment the private household employee enters service.

¹ Private household employees must be insured in accordance with the Federal Act of 20 December 1946²² on Old Age and Survivors' Insurance (OASIA), the Federal Act of 19 June 1959²³ on Invalidity Insurance (InvIA), the Loss of Earnings Compensation Act of 25 September 1952²⁴ (LECA), the Unemployment Insurance Act of 25 June 1982²⁵ (UIA) and the Family Allowances Act of 24 March 2006²⁶ (FAA).

² It is the responsibility of employers to take all steps necessary to register private household employees with the cantonal OASI compensation fund office and family allowance office at the employer's place of residence, or, if applicable, to file a request for exemption from the provisions of Swiss social security, pursuant to Article 59 hereof with the competent cantonal OASI compensation fund office.

Private household employees must be insured in accordance the Federal Act of 25 June 1982²⁷ on Occupational Pensions for Old Age, Survivors and Invalidity.

¹ It is the obligation of employers to ensure that private household employees are insured in accordance with the HIA²⁸. Employers should select the insurance in agreement with their private household employee.

² Under Article 6 paragraph 2, of the Ordinance of 27 June 1995²⁹ on Health Insurance, private household employees may be exempted from the insurance obligations of the HIA if they are insured in the employer's State or another State. The insurance cover provided by the foreign insurer must be equivalent to that provided by Swiss insurers in order to meet the legal requirements for compulsory health insurance. It is the responsibility of private household employees to provide evidence, through their employer, that the conditions required to benefit from this exemption have been complied with.

³ The employer must pay all premiums and incidental insurance costs relating thereto, in accordance with Article 44 paragraph 1 letter b hereof.

¹ It is the obligation of employers to take out accident insurance for private household employees in accordance with the Federal Act of 20 March 1981³⁰ on Accident Insurance.

² Employers must pay all premiums (compulsory insurance against occupational accidents and diseases and compulsory insurance against non-occupational accidents) in accordance with Article 44 paragraph 1 letter b hereof.

³ Employers may take out insurance for private household employees against occupational accident and diseases, as well as non-occupational accidents in another State provided that the insurance cover provided by the foreign insurer is equivalent to that provided by Swiss accident insurers. Otherwise private household employees must be insured in Switzerland.

¹ A private household employee may be granted an exemption from taking out Swiss social insurance cover (OASI/IV/LEC/UI/FA and other insurance schemes which rely on OASI registration) provided the relevant conditions established for this purpose under international law have been complied with, in particular, the Vienna Convention of 18 April 1961³¹ on Diplomatic Relations, the Vienna Convention of 24 April 1963³² on Consular Relations and any social security conventions entered into by Switzerland.

² Registration with a social security scheme in another State in application of the Vienna Convention of 18 April 1961 on Diplomatic Relations and the Vienna Convention of 24 April 1963 on Consular Relations must in particular:

a.

be taken out with an official social security institution of the State of the private household employee or the State for which the employer works or which the employer represents; registration with a private insurance company is considered to be official when, according to the internal laws of the State concerned, this registration takes the place of the official insurance scheme;

b.

provide at the very least cover for the eventualities of death, old age and invalidity;

c.

be compulsory or voluntary in accordance with the national law of the relevant State. If the cover is voluntary, Protocol or the Swiss mission will require, on renewal of the legitimation card (Article 26), proof that such cover has not been cancelled subsequent to exemption from the provisions of Swiss social security having been granted. Protocol or the Swiss mission will determine on a case-by-case basis what proof they require.

³ It is the responsibility of private household employees, through their employer, to prove that the conditions required to benefit from exemption from Swiss social security have been met.

⁴ Employers are responsible for all payments and incidental costs relating to taking out insurance with an official social security institution of another State in accordance with Article 44 paragraph 1 letter a.

Employers who fail to comply with the obligations of Articles 57 and 58 hereof will be liable for all medical, pharmaceutical, hospital and all other costs for services to which the private household employee would have been entitled had the correct insurances been in place. Employers are also liable for such costs should insurance cover be suspended due to failure to pay premiums.

¹ If private household employees are insured in Switzerland under OASI/IV/LEC/UI/FA, then it is compulsory for them to be registered with the compulsory insurance scheme which is imposed by the social laws of the residential canton of their employer.

² The employer must pay all premiums and incidental costs required by cantonal legislation.

¹ In addition to the specific powers conferred upon the FDFA pursuant to this Ordinance, the FDFA shall:

a.

decree the enactment provisions necessary for the implementation of this Ordinance;

b.

establish the standard form employment contract and payslip.

² Protocol or the Swiss mission shall, within the limits of their respective responsibilities, make the decisions required of them under this Ordinance on behalf of the FDFA.

Amendments to current legislation are governed by the annex hereto.

¹ Employment contracts entered into prior to this Ordinance coming into force remain subject to the former laws until, at the latest, the expiry date of the legitimation card of the private household employee. Employers and private household employees may at any time enter into a new employment contract which conforms to this Ordinance.

² Legitimation cards issued prior to this Ordinance coming into force will be renewed pursuant to Article 26 hereof. On the renewal date of the legitimation card, all the relevant provisions of this Ordinance must be complied with and, where necessary, a new employment contract complying with the FDFA standard form must be entered into.

This Ordinance comes into force on 1 July 2011.