COVID-19: labour rights and duties in a private household
Do you employ someone in your private household? As an employer, you have duties.
At your request, your employee has not come to work?
Pursuant to article 324 of the Swiss Code of Obligations (CO), any employer who prevents work from being carried out or is in default of accepting it remains bound to pay the salary without the employee having to perform their work.
If you are absent, ill or do not wish to be disturbed on the day your employee usually works, the latter is entitled to their salary as if they had come to work.
Your employee is ill?
Your ill employee must not be penalised for the state of their health. For a certain amount of time, they are entitled to their usual salary as if they had come to work.
Pursuant to article 324a of the Swiss Code of Obligations (CO), in the event of an incapacity to work, the employer remains bound to pay the salary during a limited period of time:
- If the employer has not taken out an insurance against loss of earnings due to medical reasons: during the first year of service, the employer must pay the employee their salary for at least three weeks of work. After that, they must pay the salary for a longer period, which is determined fairly (art. 324a, para. 2 CO). Generally speaking, in western Switzerland, this period is set on the Bern scale, as explained by the State Secretariat for Economic Affairs (SECO) in the article Empêchement de travailler
- If the employer has taken out an insurance against loss of earnings due to medical reasons, they are freed from the obligation of paying a salary insofar as the insurance offers benefits which are at least equivalent (art. 324a al. 4 CO).
Your employee is a vulnerable person and no measure enables you to protect their health?
If the employer cannot guarantee that the work area will be suitably organised or that protective measures will be implemented as defined by article 10c of Ordinance 2 COVID-19 relating to the employer’s obligations concerning the health of vulnerable employees, they must excuse their employee from coming to work and ensure that their salary is paid.
It should be noted that the person employed is entitled to refuse to perform the tasks entrusted to them if the aforementioned conditions are not met or if the person feels that the risk of being infected with the coronavirus is too high, despite the measures taken.
Article modifié le 17.06.2020 à 11:34