Stop Travail au Noir Campaign | April 2017
The Geneva Department of Security and Economics is launching an extensive information and awareness campaign against undeclared work. It will be deployed throughout the can-ton in the spring of 2017.
The Swiss Nanny Association fully supports this campaign and the zero tolerance policy that aims to tackle the high level of undeclared work in Geneva. Our most important mis-sion as an NGO is to regulate the nanny field by informing families and nannies about their legal obligations.
We have learned that there is widespread confusion in the domestic workers field and that the correct information is often inaccessible. The Swiss system with federal and cantonal rules can be confusing, especially to the expat community. Newly arriving families do not understand the local language and can find the paperwork overwhelming.
The campaign will remind employers and employees that minimum wage, social insur-ance, withholding tax and a work permit are legal obligations for all employers, without ex-ceptions.
But are you an employer? Most likely yes!
Even employing a child caregiver for two hours a week means you’re an employer – and have commitments. Any paid activity in a private household is subject to social insurance contributions and taxes, including the smallest salaries beginning with the first Franc.
The only exceptions are YOUNG babysitters who occasionally watch your children:
• Persons under 17 years of age;
• Persons aged between 17 and 25, provided that their salary does not exceed 750 francs per calendar year with the same employer.
The minimum wages as stated in the CTT also follow the "Normes AVS" as described above and the same exceptions apply. If you want to host an au pair, you need to follow the "CTT des jeunes gens au pair - mineur or majeure".
During interviews it can come up that there are people who want to work
undeclared. However, potential employers must remember that in Switzerland, employers are solely responsible for declaring correctly and not doing so will put them at risk.
A zero tolerance policy will be followed after the campaign and people found employing workers illegally will be required to pay back-taxes and social security payments and
could face fines up to 40.000 CHF.
The supervisory and sanctioning authority is the "l’office cantonal de l’inspection et des re-lations du travail" (OCIRT). Additional inspections will be carried out during and after the campaign.
It is possible for an employee to demand an inspection when he or she feels that working conditions are unfair. All employees submitted also have the ability to assert their rights to the "Tribunal des Prud’hommes".