text: 192.121 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance to the Federal Act on the Privileges, Immunities andFacilities and the Financial Subsidiesgranted by Switzerland as a Host State (Host State Ordinance, HSO)of 7 December 2007 (Status as of 1 January 2019). (Stand am 1. Januar 2012)The Swiss Federal Council,on the basis of Article 33 of the Host State Act of 22 June 20071 (HSA),decrees:1 SR 192.12Chapter 1 Subject Matter and Definitions  Art. 1 Subject matter  1 This Ordinance lays down the implementing rules for the HSA. It determines in particular: a.the scope of the privileges, immunities and facilities which may be granted to the different types of institutional beneficiary concerned;b.the conditions of entry, residence and work on Swiss territory for individual beneficiaries;c.the procedure for the acquisition of land and buildings by institutional beneficiaries;d.the rules governing the granting of financial subsidies and other support measures.2 The conditions of entry, residence and work for private household employees are laid down in the Ordinance of 6 June 20112 on Private Household Employees.32 SR 192.1263 Amended by the Annex to the O of 6 June 2011 on Private Household Employees, in force since 1 July 2011 (AS 2011 2425).Art. 2 Meaning of permanent mission or other representation to intergovernmental organisations  A permanent mission or other representation to intergovernmental organisations means in particular:a.the permanent missions to the United Nations Office or to other intergovernmental organisations, including the permanent missions to the World Trade Organization;b.the permanent representations to the Conference on Disarmament;c.4the permanent delegations of institutional beneficiaries under Article 2 paragraph 1 letters a, b, i and k HSA at intergovernmental organisations;d.observer bureaux.4 Amended by No I of the O of 26 June 2013, in force since 15 July 2013 (AS 2013 2107).Art. 3 Meaning of special mission  A special mission within the meaning of the Convention of 8 December 19695 on Special Missions includes:a.temporary missions composed of representatives of a State sent to Switzerland in accordance with Article 2 of the Convention of 8 December 1969 on Special Missions;b.temporary missions composed of representatives of States in connection with meetings between two or more States in accordance with Article 18 of the Convention of 8 December 1969 on Special Missions;c.temporary missions composed of representatives of a State and of non-State representatives in connection with the exercise of Swiss good offices.5 SR 0.191.2Art. 4 Meaning of principal individual beneficiary   A principal individual beneficiary is an individual beneficiary as referred to in Article 2 paragraph 2 letters a and b, HSA.Art. 5 Meaning of members of local staff   Members of local staff are persons employed by a State to perform official duties within the meaning of the Vienna Convention of 18 April 19616 on Diplomatic Relations, the Vienna Convention of 24 April 19637 on Consular Relations, or the Convention of 8 December 19698 on Special Missions, but who do not form part of the transferable staff of the sending State. These persons may be nationals of the sending State or of another State. They generally perform the duties of service staff within the meaning of the aforementioned Conventions but may also perform other duties referred to in those Conventions.6 SR 0.191.017 SR 0.191.028 SR 0.191.2Chapter 2 Scope of Privileges, Immunities and Facilities  Section 1 Institutional Beneficiaries  Art. 6 General provisions  1 The following institutional beneficiaries are accorded all, or, in agreement with the institutional beneficiary concerned, only certain of the privileges, immunities and facilities set out in Article 3 HSA in accordance with international law and international practice:9a.intergovernmental organisations;b.international institutions;c.diplomatic missions;d.consular posts;e.permanent missions or other representations to intergovernmental organisations;f.special missions;g.international conferences;h.secretariats or other bodies established under an international treaty;i.independent commissions;j.international courts;k.arbitration tribunals.2 Diplomatic missions and permanent missions or other representations to intergovernmental organisations are governed in particular by the Vienna Convention of 18 April 196110 on Diplomatic Relations.3 Consular posts are governed in particular by the Vienna Convention of 24 April 196311 on Consular Relations.4 Special missions are governed in particular by the Convention of 8 December 196912 on Special Missions.5 Privileges, immunities and facilities are granted to independent commissions for the scheduled duration of their activity. The granting of privileges, immunities and facilities may be extended for a limited period if the circumstances so warrant, in particular if the independent commission’s mandate is extended or if it requires additional time to draw up and publish its report.9 Amended by No I of the O of 15 Aug. 2018, in force since 1 Jan. 2019 (AS 2018 3137).10 SR 0.191.0111 SR 0.191.0212 SR 0.191.2Art. 7 Quasi-governmental international organisations  Quasi-governmental international organisations are accorded some or all of the following privileges, immunities and facilities:a.inviolability of archives;b.exemption from direct taxes;c.exemption from indirect taxes;d.freedom to acquire, receive, hold, transfer and convert funds, currencies, cash and other movable assets.Art. 8 Other international bodies  1 Other international bodies may be accorded all of the privileges, immunities and facilities set out in Article 3 HSA.2 In determining the scope of the privileges, immunities and facilities to be accorded in each case, the Federal Council shall take into account in particular the structure of the body concerned and its connections to the intergovernmental organisations, international institutions, or States with which it works, as well as its role in international relations and its international prominence.3 Subject to any special provisions contained in a headquarters agreement entered into with the Federal Council or in any other international treaty to which Switzerland is party, other international bodies may be hosted by an intergovernmental organisation or by an international institution only with the consent of the Federal Department of Foreign Affairs (FDFA).Section 2 Individual Beneficiaries  Art. 9 Principles  1 The privileges, immunities and facilities accorded to individual beneficiaries are granted in the interest of the institutional beneficiaries concerned and not that of the individuals themselves. Their purpose is not to confer any benefit on individuals but to enable the institutional beneficiaries to carry out their work effectively.2 In the case of the individuals referred to in Article 2 paragraph 2 letters a and b HSA, the privileges, immunities and facilities are conditional on the FDFA having established that those individuals are genuinely engaged in official duties. In the case of the persons referred to in Article 2 paragraph 2, letter c HSA, they are conditional on the authorisation granted them by the FDFA to accompany the principal individual beneficiary.3 All questions relating to a determination as to whether an individual is genuinely engaged in official duties, an authorisation to accompany a principal individual beneficiary, the scope of privileges, immunities and facilities that apply, and all other questions concerning the legal status in Switzerland of individual beneficiaries, are resolved in accordance with diplomatic practice between the FDFA and the institutional beneficiary concerned and without the individual beneficiary being involved in any way.Art. 10 Scope of privileges, immunities and facilities  The scope of the privileges, immunities and facilities accorded to individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at any of the institutional beneficiaries referred to in Article 6 paragraph 1 is determined on the basis of the category of staff to which they belong in accordance with international law and international practice. Individuals shall be assigned to the different categories provided for under international law.Art. 11 Categories of individual beneficiary  1 In the case of intergovernmental organisations, international institutions, international conferences, secretariats or other bodies established under an international treaty, independent commissions and other international bodies, the categories of individual beneficiary are in particular the following:a.members of senior management;b.high-ranking officials;c.other officials;d.representatives of the organisation’s members;e.experts and all other persons acting in an official capacity for these institutional beneficiaries;f.persons entitled to accompany any of the individual beneficiaries referred to in letters a to e.2 In the case of international courts and arbitration tribunals, the categories of individual beneficiary, in addition to the categories specified in paragraph 1 above, are in particular the following:a.judges;b.prosecutors, deputy prosecutors, and prosecution service staff;c.registrars, deputy registrars, and registry staff;d.defence counsel, witnesses and victims;e.arbitrators;f.persons entitled to accompany any of the individual beneficiaries referred to in letters a to e.3 In the case of diplomatic missions, consular posts, permanent missions and other representations to intergovernmental organisations, and special missions, the categories of individual beneficiary are in particular the following:a.members of diplomatic staff;b.members of administrative and technical staff;c.members of service staff;d.consular officers;e.consular employees;f.members of local staff;g.persons entitled to accompany any of the individual beneficiaries referred to in letters a to f.Art. 12 Individuals who are called to act in an official capacity at a quasi-governmental international organisation  1 Individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at a quasi-governmental international organisation and who are not Swiss nationals are accorded some or all of the following privileges and immunities for the duration of their service:a.exemption from direct taxes on the salaries, emoluments and allowances paid to them by the quasi-governmental international organisation;b.exemption from taxes on lump sums received on any grounds from a pension scheme or other provident fund, as at the time of such payment; the tax exemption does not however cover income earned on such sums or assets in which they are invested, or pensions and annuities paid to former staff by the quasi-governmental international organisation concerned;c.exemption from Swiss entry and residence requirements.2 Members of the general assembly, foundation board, executive board or other governing body of a quasi-governmental international organisation may be granted immunity from criminal, civil and administrative proceedings for acts performed in their official capacity as well as inviolability for their documents.Art. 13 Individuals who are called to act in an official capacity at other international bodies  The scope of the privileges, immunities and facilities accorded to individuals who, whether on a permanent or a temporary basis, are called to act in an official capacity at other international bodies shall be determined on the basis of the privileges, immunities and facilities that the Federal Council shall grant to the other international body concerned, pursuant to Article 8 above, and on the basis of the category of staff to which they belong.Art. 14 Eminent persons carrying out an international mandate  Eminent persons carrying out an international mandate may be accorded all of the privileges, immunities and facilities set out in Article 3 HSA. The Federal Council shall determine the scope of the privileges, immunities and facilities according to the circumstances of each particular case.Art. 15 Duration of privileges, immunities and facilities granted to individual beneficiaries  1 Privileges, immunities and facilities are granted to individual beneficiaries for the duration of their official duties.2 Privileges, immunities and facilities accorded to accompanying persons expire at the same time as those accorded to the person they accompany, unless otherwise provided for in this Ordinance (Chapter 3).3 Privileges, immunities and facilities accorded to private household employees come to an end on expiry of the period during which private household employees may seek a new employer in accordance with Article 13 of the Ordinance of 6 June 201113 on Private Household Employees.144 The FDFA shall determine case by case whether, at the end of the period of service and in accordance with international practice, to accord a limited extension of time (courtesy period) in order to give those concerned time to make arrangements for their departure.13 SR 192.12614 Amended by the Annex to the O of 6 June 2011 on Private Household Employees, in force since 1 July 2011 (AS 2011 2425).Chapter 3 Entry, Residence and Employment Requirements  Art. 16 Entry requirements  1 When crossing the border to take up his or her duties, an individual beneficiary must be in possession of a recognised identity document and, where applicable, a visa.2 A request must be made to the FDFA by the institutional beneficiary concerned in order for the individual beneficiary to be allowed take up his or her duties.Art. 1715 Residence requirements  1 The FDFA shall issue legitimation cards to the following persons:a.members of the staff of institutional beneficiaries established in Switzerland who are entitled to privileges and immunities and persons entitled to accompany such persons;b.members of the staff of institutional beneficiaries established in Switzerland who are not entitled to any immunities, and persons entitled to accompany such persons, provided the institutional privileges include an exemption from the residence requirements under Article 3 paragraph 1 letter i HSA and provided the persons are not Swiss citizens and that on commencement of their employment they did not hold a valid residence permit, permanent residence permit or cross-border commuter permit.2 It shall determine the additional requirements for issuing the card and various forms of legitimation cards.3 The legitimation card issued by the FDFA serves as a residence permit for Switzerland, confirms any privileges and immunities to which the holder is entitled and exempts the beneficiary from the visa obligation for the duration of his or her official duties.4 Beneficiaries holding a legitimation card issued by the FDFA who are not Swiss citizens are exempted from the obligation to register with their cantonal residents’ registry. They may however register voluntarily.15 Amended by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).Art. 18 Employment requirements  1 Institutional beneficiaries are entitled, in accordance with international law, to determine the terms of employment of their staff.2 Members of diplomatic missions, of consular posts, of permanent missions or other representations to intergovernmental organisations and of special missions who are Swiss nationals or are permanently resident in Switzerland at the commencement of their function are subject to Swiss employment law. Any choice-of-law clause providing for the application of the law of a foreign State shall have effect only to the extent permitted under Swiss law.3 Members of the local staff of diplomatic missions, of consular posts, of permanent missions or other representations to intergovernmental organisations, and of special missions, are subject to Swiss employment law irrespective of where they were engaged. A choice-of-law clause providing for the application of the law of a foreign State is possible if permitted under Swiss law. If a member of the local staff is a national of the sending State and was engaged in that State, the employment relationship may be made subject to the law of the relevant State.1616 Amended by the Annex to the O of 6 June 2011 on Private Household Employees, in force since 1 July 2011 (AS 2011 2425).Art. 19 Social security  Insofar as the institutional beneficiary as employer is not, under international law, subject to obligatory Swiss social security legislation and the members of the staff of the institutional beneficiary are not subject to that legislation, the institutional beneficiary shall determine the social protection arrangements for its staff in accordance with international law and shall operate a social security scheme of its own.Art. 20 Accompanying persons  1 The following persons are entitled to accompany the principal individual beneficiary and enjoy the same privileges, immunities and facilities if living together in the same household:a.the spouse of the principal individual beneficiary;b.the same-sex partner of the principal individual beneficiary if the partnership has been registered in Switzerland or under an equivalent foreign provision or if the partner is treated by the institutional beneficiary concerned as an official partner or as a dependent;c.the cohabiting partner of the principal individual beneficiary (which within the meaning of Swiss law is a person of the opposite sex not married to the principal individual beneficiary) if the cohabiting partner is treated by the institutional beneficiary concerned as an official partner or as a dependent;d.the unmarried children up to the age of 25 of the principal individual beneficiary;e.the unmarried children up to the age of 25 of the spouse, or of the same-sex partner, or of the cohabiting partner, if officially in that person’s care.2 The following persons may, by way of exception, be authorised by the FDFA to accompany a principal individual beneficiary if they live together in the same household; they shall be issued with a legitimation card but shall not be accorded privileges, immunities or facilities:a.the same-sex partner of the principal individual beneficiary if he or she is not recognised by the institutional beneficiary concerned as an official partner or as a dependent but the application for a residence permit is nonetheless submitted by the institutional beneficiary and the relationship can be shown to be long-standing, and if it is not possible for the couple to register their partnership under Swiss law or under the law of another State;b.the cohabiting partner of the principal individual beneficiary if the cohabiting partner is not recognised by the institutional beneficiary concerned as an official partner or as a dependent but the application for a residence permit is nonetheless submitted by the institutional beneficiary and the relationship can be shown to be long-standing;c.the unmarried children over the age of 25 of the principal individual beneficiary if they are in his or her sole care;d.the unmarried children over the age of 25 of the spouse, or of the same-sex partner, or of the cohabiting partner, if they are in the principal individual beneficiary's sole care;e.the ascendants of the principal individual beneficiary or of his or her spouse, same-sex partner, or cohabiting partner within the meaning of paragraph 1, if they are in the principal individual beneficiary's sole care;f.in exceptional cases, other persons in the sole care of the principal individual beneficiary if it is not possible for them to be entrusted to the care of a third party in the country of origin (cases of force majeure).2bis An exemption from the requirement of living in the same household with the principal individual beneficiary may be granted:a.to persons under paragraph 1 letters d and e and 2 letters c and d: if they are resident abroad for the purpose of their studies;b.to persons under paragraphs 1 and 2: on application by the relevant institutional beneficiary for a maximum duration of one year if the principal individual beneficiary who is employed by an institutional beneficiary under Article 2 paragraph 1 letters a, b and i HSA moves to a place of work for professional reasons where the constant presence of their family is not possible or desirable for security reasons and the family must for these reasons forgo living together;c.to persons under paragraph 1 letters a and b: during the divorce, separation, or marriage protection or proceedings for the judicial dissolution of the registered partnership of the principal individual beneficiary; during this period living in the same household is not required either for children under paragraph 1 letters d and e if they are in the custody of the relevant person under paragraph 1 letter a or b, or for children under paragraph 2 letters c and d; the provisions of Swiss tax law remain reserved.173 Private household employees may be authorised by the FDFA to accompany a principal individual beneficiary if they satisfy the requirements laid down in the Ordinance of 6 June 201118 on Private Household Employees.194 Authorisation for the persons referred to in this Article to accompany a principal individual beneficiary must be sought prior to the entry into Switzerland of such persons.5 The FDFA shall determine case by case whether a person wishing to accompany a principal individual beneficiary satisfies the requirements of this article. All questions arising therefrom shall be resolved in accordance with diplomatic practice between the FDFA and the institutional beneficiary concerned and without the individual beneficiary being involved in any way.17 Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).18 SR 192.12619 Amended by the Annex to the O of 6 June 2011 on Private Household Employees, in force since 1 July 2011 (AS 2011 2425).Art. 21 Access to employment for persons called to act in an official capacity  1 Persons who are called to act in an official capacity at an institutional beneficiary must as rule perform their official duties on a full-time basis. This is without prejudice to the special provisions governing honorary consuls under the Vienna Convention of 24 April 196320 on Consular Relations, and those governing persons whose duties are limited to a specific mandate, such as lawyers engaged in proceedings before international courts or arbitration tribunals.2 Persons who are called to act in an official capacity at an institutional beneficiary may, by way of exception, be authorised by the relevant cantonal authorities to carry out a secondary gainful activity for up to ten hours a week, provided that they are living in Switzerland and the activity concerned is not incompatible with the performance of their official duties. The decision of the cantonal authorities shall be taken in agreement with the FDFA.3 Teaching a specialised subject may, in particular, constitute an acceptable secondary activity, but any activity of a commercial nature, inter alia, shall be deemed incompatible with the performance of the person’s official duties.4 Persons who are called to act in an official capacity at an institutional beneficiary and who engage in a secondary gainful activity do not enjoy privileges or immunities of any kind in respect of that activity. In particular, they have no immunity from criminal, civil and administrative proceedings or from execution of any judgment or sentence arising in relation to the secondary gainful activity.215 Such persons are subject to Swiss law in relation to the secondary gainful activity; in particular, unless otherwise provided for under a bilateral convention on social security, in relation to the secondary gainful activity they are subject to the Swiss legislation on:a.old-age, survivors‘ and invalidity insurance;b.accident insurance;c.loss of earnings compensation;d.family allowances;e.unemployment insurance; and f.maternity insurance.226 Income from the secondary gainful activity must be taxed in Switzerland unless a bilateral double taxation agreement provides otherwise.2320 SR 0.191.0221 Amended by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).22 Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).23 Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).Art. 22 Facilitated access to employment for persons entitled to accompany the principal individual beneficiary  1 The following persons have facilitated access to employment in Switzerland for the duration of the function of the principal individual beneficiary if they are entitled, in accordance with Article 20 paragraph 1, to accompany the principal individual beneficiary and if they are living in Switzerland and in the same household as the principal individual beneficiary:a.the spouse of the principal individual beneficiary within the meaning of Article 20 paragraph 1 letter a;b.the same-sex partner of the principal individual beneficiary within the meaning of Article 20 paragraph 1 letter b;c.the cohabiting partner of the principal individual beneficiary within the meaning of Article 20 paragraph 1 letter c;d.the unmarried children of the principal individual beneficiary, within the meaning of Article 20 paragraph 1 letter d if they entered Switzerland as authorised accompanying persons before the age of 21; they are entitled to facilitated access to employment until the age of 25, after which they must take the necessary steps to ensure that their residence and employment situations are in accordance with the legislation governing the residence and establishment of non-nationals;e.the unmarried children of the spouse, same-sex partner or cohabiting partner, within the meaning of Article 20 paragraph 1 letter e if they entered Switzerland as authorised accompanying persons before the age of 21; they are entitled to facilitated access to employment until the age of 25, after which they must take the necessary steps to ensure that their residence and employment situations are in accordance with the legislation governing the residence and establishment of non-nationals.2 To facilitate their access to employment, the FDFA shall, on request, issue to the persons referred to in paragraph 1 a document certifying to potential employers that the individual concerned is not subject to the quota on foreign workers, or to the principle of priority recruitment areas, or to labour market regulations (principle of priority preference for residents, and ex ante vetting of pay and conditions).3 Persons within the scope of paragraph 1 who engage in gainful activity shall, on submission of a contract of employment, an offer of employment, or a declaration to the effect that they intend to engage in a self-employed activity together with a description of that activity, be issued by the cantonal authority concerned with a special residence permit, known as a ‘Ci permit’, in place of their legitimation card. A self-employed activity may be carried out only after the Ci permit-holder has been authorised by the competent authorities to carry out the profession or occupation in question.4 Persons within the scope of paragraph 1 who engage in gainful activity in Switzerland are subject to Swiss law in relation to that activity. In particular, they enjoy no privileges or immunities in relation to that activity.245 Unless a social insurance agreement provides otherwise, they are subject to the Swiss legislation on:a.old-age, survivors‘ and invalidity insurance;b.accident insurance;c.loss of earnings compensation;d.family allowances;e.unemployment insurance; and f.maternity insurance.256 Income from the secondary gainful activity must be taxed in Switzerland unless a bilateral double taxation agreement provides otherwise.267 The FDFA shall otherwise regulate implementation in consultation with the State Secretariat for Migration.2724 Amended by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).25 Amended by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).26 Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).27 Inserted by No I of the O of 11 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5063).Chapter 4 Procedures for Granting Privileges, Immunities and Facilities Art. 23 The Granting of Privileges, Immunities and Facilities  1 Without prejudice to the privileges, immunities and facilities arising directly under international law, the Federal Council shall determine case by case the privileges, immunities and facilities to be granted to institutional beneficiaries and persons who are called to act in an official capacity at such institutions, to eminent persons carrying out an international mandate, and to the persons referred to in Article 20.2 The FDFA is empowered to grant privileges, immunities and facilities and to enter into international agreements for that purpose, where the duration of the institutional beneficiary’s activity does not exceed one year to:a.special missions, persons called to act in an official capacity at such special missions, and persons entitled to accompany such persons;b.international conferences, persons called to act in an official capacity at such international conferences, and persons entitled to accompany such  persons.Art. 24 Modalities  1 Diplomatic missions, consular posts, and permanent missions or other representations to intergovernmental organisations, the members of such representations and persons entitled to accompany such members become automatically entitled in accordance with international law and international practice to privileges, immunities and facilities on being authorised by the FDFA to establish themselves in Switzerland.2 The privileges, immunities and facilities of the following institutional beneficiaries, of the persons called to act in an official capacity at such institutional beneficiaries, and of the persons entitled to accompany such persons are granted by way of an agreement to that effect entered into between the Federal Council and the institutional beneficiary concerned, or exceptionally by unilateral decision of the Federal Council:28a.intergovernmental organisations;b.international institutions;c.quasi-governmental international organisations;d.secretariats or other bodies established under an international treaty;e.international courts;f.arbitration tribunals.3 The privileges, immunities and facilities of the following institutional beneficiaries, of the persons who are called to act in an official capacity at such institutional beneficiaries, and of the persons entitled to accompany such persons are granted by way of a unilateral decision of the Federal Council or of the FDFA or by way of an agreement to that effect entered into between the Federal Council or the FDFA and the institutional beneficiary concerned:a.special missions;b.international conferences;c.independent commissions;d.other international bodies.4 The privileges, immunities and facilities of eminent persons carrying out an international mandate are granted by way of a unilateral decision of the Federal Council.28 Amended by No I of the O of 15 Aug. 2018, in force since 1 Jan. 2019 (AS 2018 3137).Chapter 5 Acquisition of Land and Buildings for Official Purposes  Art. 25 Procedure  1 Any application for permission to acquire land or buildings shall be submitted to the FDFA by the acquiring party or its agent, with a copy to be sent to the competent authority in the canton concerned.2 The application must include the following particulars and documents:a.29the draft contract of acquisition, meaning in particular a draft purchase contract, a purchase option contract, a long-term lease, a signed preliminary contract or a deed of gift;b.the purpose of acquisition (residence of head of mission, secretariat of representation, head office of organisation, etc.);c.a description of the property, to include in particular the area of the land and of the building; in the case of a vacant site or a proposed extension of an existing building, the area proposed to be built upon must also be indicated;d.a list of the properties in Switzerland already owned by the institutional beneficiary, a description of such properties including in particular the area of the land and buildings concerned and the use of same.3 The net habitable area of any building intended for residential use may not as a rule exceed 200 m2.4 The FDFA may impose conditions in respect of an acquisition of property. In particular, it may require reciprocity if the acquiring party is a foreign State acquiring a property for the official needs of its diplomatic mission, consular posts, or permanent missions to intergovernmental organisations in Switzerland.29 Amended by No I of the O of 15 Aug. 2018, in force since 1 Jan. 2019 (AS 2018 3137).Art. 26 Decision  The FDFA shall issue its decision after receiving the opinion of the canton concerned.Chapter 6 Financial Subsidies and other Support Measures  Art. 27 Financial powers  1 The Federal Council shall decide on financial subsidies and other support measures with a foreseeable cost exceeding CHF 3 million in the case of a one-off measure, or CHF 2 million per annum in the case of a recurring measure.2 The FDFA:a.30shall decide on one-off financial subsidies and in-kind subsidies not exceeding CHF 3 million;b.shall decide on recurring financial subsidies and in-kind subsidies of a maximum duration of 4 years and not exceeding CHF 2 million per annum;c.may fund international conferences in Switzerland;d.may enter into international treaties to that end.30 Corretion of 5 May 2009 (AS 2009 1747).Art. 28 Procedure for granting subsidies and other support measures  1 The procedure for granting financial subsidies and other support measures is laid down in respect of each appropriation during the authorisation process.2 The procedure for the payment of due compensation to the cantons for the cost of giving effect to Article 20, letter f, HSA is laid down in agreements to be entered into with each canton concerned. The FDFA shall be authorised to enter into such agreements. It indicates in the agreement that, where applicable, the relevant credits are subject to approval by Parliament.Chapter 7 International Non-Governmental Organisations  Art. 29 International non-governmental organisations (INGOs) wishing to benefit from the measures provided for under federal legislation, in particular the tax exemption provided for by the Federal Act of 14 December 199031 on Direct Federal Taxation and the facilitated employment of foreign staff provided for under Swiss legislation, must satisfy the relevant statutory requirements and submit an application to the competent authority designated by the relevant statute.31 SR 642.11Chapter 8 Powers of the FDFA  Art. 30 1 In addition to the powers provided for in the specific provisions of this Ordinance, the FDFA shall:a.negotiate the agreements to be entered into pursuant to the HSA or this Ordinance, in consultation with the bodies concerned;b.be the authority responsible for implementing the agreements on privileges, immunities, facilities, and financial subsidies and other support measures, without prejudice to the specific powers of other federal bodies;c.regulate the details of the implementation of this Ordinance without prejudice to the specific powers of other federal bodies;d.supervise compliance with the terms of the privileges, immunities and facilities; to this effect it shall take all appropriate measures in accordance with international practice; on finding an instance of abuse it may revoke a natural person’s privileges, immunities and facilities where such a measure is proportionate with the objectives;e.determine case by case whether a person is to be deemed an ‘individual beneficiary’ within the meaning of Article 2 paragraph 2 letters a and c HSA and issue the appropriate legitimation cards to eligible persons;f.determine the length of the courtesy period that may be allowed to an individual beneficiary at the end of his or her period of service;g.direct the Federal Security Service to instruct the relevant police authorities to implement the further security measures referred to in Article 20 letter f HSA;h.enter into the bilateral agreements necessary to secure for the members of the diplomatic missions, the permanent missions or other representations to intergovernmental organisations and of the consular posts of Switzerland abroad the same privileges, immunities and facilities as are accorded to foreign representations of the same category in Switzerland.2 The FDFA shall adopt rules regulating its own internal allocation of responsibilities.Chapter 9 Final Provisions  Art. 31 Amendment of current legislation  The amendment of current legislation is regulated in the Annex.Art. 32 Commencement  This Ordinance comes into force on 1 January 2008.Annex (Art. 31)Amendment of Current Legislation The following Ordinances are amended as follows:…32 32 The amendments may be consulted under AS 2007 6657.


type: legislation

jurisdiction: Switzerland

text: 192.126 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance on Conditions for Entry, Stay and Work for Private Household Employees of Individual Beneficiaries of Privileges, Immunities and Facilities(Private Household Employees Ordinance, PHEO)of 6 June 2011 (Status as of 1 July 2011)The Swiss Federal Council,on the basis of Article 98 paragraph 2 of the Foreign Nationals and Integration Act of 16 December 2005 (FNIA)1and Article 27 paragraph 2 of the Host State Act of 22 June 2007 2 (HSA),ordains:1 The title was amended on 1 Jan. 2019 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). This amendment has been made throughout the text.2 SR 192.12Chapter 1 Subject Matter and Definitions  Art. 1 Subject matter  1 This Ordinance supplements the provisions of the Host State Ordinance of 7 December 20073 (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 19994 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. 3 SR 192.1214 SR 0.142.112.681Art. 2 Definition of private household employee  1 A private household employee is, in accordance with Article 1 letter h of the Vienna Convention on Diplomatic Relations of 18 April 19615 and Article 1 letter i of the Vienna Convention on Consular Relations of 24 April, 19636, 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.5 SR 0.191.016 SR 0.191.02Art. 3 Definition of member of service staff  1 In accordance with Article 1 letter g of the Vienna Convention on Diplomatic Relations of 18 April 19617 and Article 1 letter f of the Vienna Convention on Consular Relations of 24 April 19638, 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. 7 SR 0.191.018 SR 0.191.02Chapter 2 Persons Authorised to employ a Private Household Employee Art. 4 Diplomatic missions and permanent missions or other representations to intergovernmental organisations  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.Art. 5 Consular posts  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.Art. 6 Other institutional beneficiaries  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.Art. 7 Number of private household employees per household  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.Art. 8 Priority for private household employees already in Switzerland  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. Chapter 3 Conditions for Admission and Stay of Private Household Employees Art. 9 General conditions  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.Art. 10 Employment contract  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)9, 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.9 SR 220Art. 11 Working for two employers at the same time  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.Art. 12 Couples employed as private household employees  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 Switzerland.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.Art. 13 Change of employer and stay in Switzerland upon the termination of employment   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.Art. 14 Change in civil status during the course of employment  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.Art. 15 Marriage or registered partnership during period of employment  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.Art. 16 Birth of a child  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); orc.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 199410 (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.10 SR 832.10Chapter 4 Engagement of Private Household Employees Abroad  Section 1 Persons subject to Visa Requirements  Art. 17 Required documents  1 Visa requests must be accompanied by a copy of the employment contract signed by the private household employee and the employer (Article 10).2 The FDFA will determine what other documents it requires.Art. 18 Procedure  1 The employer’s institutional beneficiary must submit the required documents to Protocol or the Swiss mission. Protocol or the Swiss mission will stamp the documents and return them to the institutional beneficiary for further transmission to the employer.2 It is the responsibility of employers to ensure that private household employees receive the required documents stamped by Protocol or the Swiss mission to enable private household employees to present their visa request to the competent Swiss representation.3 Private household employees must appear in person before the competent Swiss representation for their place of residence to lodge their visa request and collect their visa.4 When a private household employee has delivered all the documents required to support his or her visa request, the competent Swiss authority:a.will verify the linguistic capabilities of the private household employee as specified in Article 9 paragraph 1 letter i;b.will verify that the private household employee has understood the conditions of his or her employment contract, in particular the provisions relating to working hours, holiday leave, remuneration and social insurances;c.will supply the private household employee with guidance on the cost of living in Switzerland.5 Once the competent Swiss representation is satisfied that the private household employee has understood the conditions of his or her employment contract, the private household employee will be required to sign a declaration to that effect; this declaration will be placed with the visa request files kept by the Swiss representation and a copy provided to the private household employee.6 All other procedural details will be determined by the FDFA.Section 2 Persons not subject to Visa Requirements  Art. 19 Required documents  1 Requests to engage a private household employee must be accompanied by a copy of the employment contract duly signed by the private household employee and the employer (Article 10).2 The FDFA will determine what other documents it requires.3 Requests must be submitted to Protocol or the Swiss mission by the employer’s institutional beneficiary. Protocol or the Swiss mission will stamp the required documents and return them to the institutional beneficiary for further transmission to the employer.4 It is the responsibility of employers to ensure that private household employees receive the required documents stamped by Protocol or the Swiss mission to enable private household employees to present them to the competent authority on arrival in Switzerland.Chapter 5 Engagement of Private Household Employees in Switzerland Art. 20 Principle  Private household employees may be engaged in situ in Switzerland provided the conditions of this Ordinance are complied with.Art. 21 Exceptions  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.Art. 22 Procedure  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.Chapter 6 Legitimation Cards  Art. 23 Resident’s Certificate  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.Art. 24 Requests for legitimation cards for private household employees engaged abroad  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.Art. 25 Request for legitimation cards for private household employees engaged in Switzerland  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.Art. 26 Renewing a legitimation card  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.Art. 27 Returning a legitimation card  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.Chapter 7 Working Conditions and Salary  Section 1 General Conditions  Art. 28 Principles  1 The work relationship between employers and private household employees are governed by Swiss law and in particular by this Ordinance and the CO11.2 An employment contract may not derogate from any of the provisions of this Ordinance in a way that disadvantages the private household employee.11 SR 220Art. 29 Protection and respect for private household employees  1 In accordance with Article 328 of the CO12, employers are obliged to protect and respect the privacy of private household employees. They must show appropriate consideration for their health and ensure that moral standards are upheld. Employers must, in particular, ensure that private household employees do not experience any sexual harassment. To this end, employers must ensure appropriate working conditions. Where the private household employee lives in the employer’s household (Art. 30) these obligations remain in force both during and outside working hours.2 Employers must give work to employees which suits their abilities and training.3 Employers must ensure that private household employees have suitable working conditions which provide them with a decent living environment. These conditions include the protection of individuality and respect for the person, adherence to the provisions of the employment contract, in particular those concerning working hours and overtime compensation, daily and weekly rest periods, private and public holidays, food and accommodation, as well as payment of their salary and compulsory insurance contributions.4 Private household employees must have freedom of movement outside working hours. In particular they must be free to leave the home of their employer and to participate in leisure activities away from their employer and employer’s family.5 Private household employees must have free access to their personal documents such as passport, FDFA legitimation card and banking card.12 SR 220Art. 30 Board and lodging conditions for private house-hold employees  1 Private household employees have the right to their own individual room within the home of their employer. The room must: a.conform to a good standard of hygiene;b.be lockable;c.have good light, from natural and artificial light sources;d.be well-heated and ventilated;e.contain the necessary furniture, such as a bed, a lockable wardrobe, a table and a chair. 2 Private household employees must have access to decent bathroom and toilet facilities.3 Private household employees have the right to healthy and adequate food and three daily meals (morning, midday and evening).4 Employers may provide private household employees with alternative accommodation subject to the following minimum requirements:a.the employer must be able to demonstrate that the private household employee has adequate means of transport between the accommodation provided and the employer’s home, taking into account the appointed work schedule and any overtime required to be provided outside such work schedule;b.the provided accommodation must conform to the minimum conditions prescribed by paragraph 1;c.the provided accommodation must be equipped to enable the private household employee to prepare proper meals;d.all costs of the accommodation, including service charges, must be paid for in their entirety by the employer without any deduction from the private household employee’s salary;5 A private household employee may choose alternative accommodation if he or she does not wish to reside in the employer’s home in accordance with paragraph 1 or if the alternative accommodation provided by the employer in accordance with paragraph 4 does not suit him or her. If this is the case, the employer must pay the private household employee a fair accommodation allowance, which may not be lower than the amount prescribed by Article 11 of the Ordinance of 31 October 194713 on Old-Age and Survivors’ Insurance (OASIO) for fixing the determinant salary in respect of old-age and survivors insurance. The employer must, where necessary, provide accommodation for the private household employee in accordance with the conditions of paragraph 1 or paragraph 4 until the private household employee has found his or her accommodation.6 Employers must, through their institutional beneficiary, inform Protocol or the Swiss mission without delay of any change of address of a private household employee.13 SR 831.101Art. 31 Diligence and loyalty of private household employees  1 In accordance with Article 321a of the CO14, private household employees must execute the work entrusted to them with due care. They must faithfully protect the legitimate interests of their employer and abide by house rules, which must fairly take into account the interests of each.2 Private household employees have a duty of loyalty towards their employer and must treat with the utmost confidentiality all information comes to their knowledge in the course of their work.14 SR 220Section 2 Commencement and Termination of the Work Relationship Art. 32 Duration of employment  1 The work relationship becomes effective on the arrival of the private household employee in Switzerland or, if the private household employee already holds a Swiss FDFA legitimation card (change of employer), on the date specified in the employment contract.2 The work relationship is indefinite (open-ended) or fixed according to the conditions specified on the employment contract.Art. 33 Trial period  1 The employment contract may provide for a trial period, which may not exceed one month.2 During the trial period, either party may terminate the employment contract by written notice giving a seven-day notice period. If work is interrupted during the trial period due to illness, accident or pregnancy, the trial period is extended for the same period as such interruption. Where the employment contract is for a fixed term, the employer’s obligations cease at the latest upon the expiry date thereof.3 Each of the parties is obliged to respect all of their obligations until the end of the termination notice period. The private household employee in particular must continue to do his or her work. The employer, in particular, must continue to pay the salary, provide accommodation and food and pay compulsory social insurance contributions. If the parties agree that the private household employee may cease working immediately, the employer must continue to fulfil all of his or her obligations until the end of the notice period.Art. 34 Fixed term employment contract  1 A fixed term employment contract automatically terminates on its expiry date. If the fixed term employment contract is extended by tacit understanding, it is deemed to continue for an indefinite term.2 Following a trial period pursuant to Article 33, a fixed term employment contact may not be terminated, except where there is cause termination without notice pursuant to Article 38 hereof.3 Subject to termination without notice in conformity with Article 38, each party must respect their obligation in their entirety up to the date of expiration of the fixed term employment contract. Article 33, paragraph 3 applies by analogy.4 Even if the parties agree that the private domestic employee may cease work prematurely, the employer must continue to fulfil by his or her obligations until the expiry date of the fixed term employment contract. The parties may, if they agree on a date on which work will cease, agree in writing an earlier date for the employer’s obligations to cease.Art. 35 Termination of an indefinite term employment contract  1 Neither party may terminate an indefinite term employment contract except in accordance with the applicable provisions of Swiss law. Employers and private household employees must, in particular, abide by the notice period provisions.2 Following a trial period, either party may terminate the indefinite term employment contract as of the end of any month by giving one month’s written notice in the first year of employment and giving two months’ written notice from the second year of employment onwards.3 Each party must continue to respect their obligations until the notice period has expired. Article 33 paragraph 3 applies by analogy.4 The party giving notice must provide their reasons for doing in writing so if the other party so requests.Art. 36 Protection from dismissal  1 In accordance with Article 336c CO15, once the trial period has ended, an employer may not terminate an employment contract: a.during partial or total incapacity due to illness or an accident for which the private household employee was not to blame:1.for 30 days during the first year of employment, 2.for 90 days from the second to fifth year of employment,3.for 180 days from the sixth year of employment and thereafter;b.during pregnancy and for 16 weeks following the birth.2 Termination during one of the periods specified by paragraph 1 is invalid; if notice of termination was given prior to the commencement of one of these periods and the termination notice period has not expired, then the termination notice period is suspended and will recommence only once the period specified in paragraph 1 has ended.3 The provisions of the Code of Obligations relating to termination by an employee at an inappropriate moment (Art. 336d CO) apply equally.15 SR 220Art. 37 Wrongful termination  1 A party who terminates an employment contract wrongfully within the meaning of Article 336 paragraphs 1 and 2 CO16 must pay an amount in compensation to the other party which shall be determined by a judge but which may not exceed an amount equivalent to six months’ salary.2 The party who considers themselves injured must oppose the termination in writing before the end of the notice period. If the opposition is valid and the parties can no longer maintain the work relationship, the party who has received notice of termination can enforce his or her compensation claim. Legal action must be initiated within 180 days from the termination of the contract, or the right to claim compensation will expire.16 SR 220Art. 38 Termination with immediate effect  1 An employer or a private household employee may terminate an employment contract at any time for good cause: the party terminating the employment contract must give their reasons in writing if the other party so requests.2 Any circumstance the effect of which means that the party giving notice of termination cannot in good faith be expected to continue the work relationship is considered good cause.3 If the good cause consists of the non-performance by one of the parties of clauses contained within the employment contract, then that party must fully compensate the other for any resulting loss or damage.Art. 39 Unfair dismissal  1 When an employer terminates an employment contract with immediate effect without good cause, the private household employee is entitled to all the earnings to which he or she would have been entitled had the working relation-ship terminated at the end of the correct notice period or on the expiry of the fixed-term employment contract.2 Amounts saved by a private household employee as a result of the termination of the employment contract, such as travel costs or clothing, as well as revenue earned from other employment or deliberately relinquished revenue will be taken into consideration when calculating this amount.3 A judge has the discretion, taking into consideration all the circumstances, to fix an amount which an employer must compensate a private household employee; such amount may not exceed six months’ salary of the private household employee.Art. 40 Abandonment or non-commencement of work  1 When a private household employee does not commence work or abruptly abandons work without just cause, the employer is entitled to compensation equal to one quarter of the employee’s monthly salary. The employer is also entitled to damages in respect of any resulting loss.2 A judge has the discretion to reduce the compensation amount if, in his or her free assessment the employer has suffered no loss or if the loss suffered is inferior to the amount stipulated in paragraph 1.Art. 41 Settlement of disputes  1 In accordance with international law, the signature by an employer of an employment contract does not in any way constitute a waiver of privileges and immunities. It is, if required, for the employer’s institutional beneficiary to decide whether the employer’s immunity from jurisdiction and the execution of judgments is to be waived.2 If a dispute arises relating to an employment contract, the parties must try to reach an amicable solution. For this purpose, the parties may resort to any existing dispute settlement entity or put into place dispute settlement measures themselves.3 If the dispute cannot be resolved amicably the party who so wishes may bring the dispute before the competent judicial authority. This party must, where necessary, request that the employer’s immunity from jurisdiction and the execution of judgments be waived through the usual diplomatic channels.Section 3 Salary Conditions  Art. 42 Principles  1 The employer must pay the private household employee each month. Weekly payments are allowed.2 The minimum net salary in cash in accordance with Article 43 hereof, or the higher net salary specified in the employment contract, as well as all payments in kind and other charges payable by the employer as specified in Article 44 hereof are payable regardless of whether or not the employer has given the private household employee enough work to keep him or her fully occupied.Art. 43 Net salary in money  1 Private household employees must receive a minimum net salary in cash of 1,200 Swiss francs (net salary) every month. No deductions may be made from this minimum net amount. The employment contract may provide for a higher net salary.2 The salary must be paid in Swiss francs into a Swiss bank or postal account which has been opened in the sole name of the private household employee.3 Employers must present private household employees with a pay slip every month.Art. 44 Salary in kind and other items payable by employers  1 Employers are responsible for and must ensure that the following payments are made to the Swiss authorities and to the competent insurance institutions:a.all compulsory social insurance contributions (for both employee and employer) and all administrative costs payable by the insured parties;b.all health insurance and accident insurance premiums (for both employee and employer) and any incidental costs.2 In addition, employers are responsible for the payment of the following items:a.the accommodation costs of private household employees, including service charges, in accordance with Article 30 paragraphs 1 and 4 hereof, or the accommodation allowance in accordance with Article 30 paragraph 5 hereof;b.the food costs of private household employees, including those meals which private household employees are not able to take at the home of the employer;c.the travel costs incurred by private household employees when travelling between their accommodation and the employer’s home when private household employees do not reside in the home of the employer;d.the costs of any special clothing required by the employer to be worn by private household employees;e.in the event that a private household employee was engaged abroad, the travel costs associated with the private household employee’s initial journey to Switzerland at the commencement of the work relationship, including any applicable visa costs;f.the travel costs associated with a private household employee’s return to his or her home country on termination of the work relationship. The employer may, through his or her institutional beneficiary, request Protocol or the Swiss mission to be released from this obligation in the event that a private household employee does not return to his or her home country on termination of the work relationship, in particular because the private domestic employer has found a new employer authorised to engage a private household employee under the provisions of this Ordinance or because he or she has not complied with his or her obligation to leave Switzerland;g.the participation costs of the insured party for services envisaged by the HIA17.17 SR 832.10Art. 45 Tax exemption  Private household employees holding a legitimation card issued by the FDFA are, in accordance with the principles of domestic Swiss law, exempt from direct federal, cantonal and communal taxes on the salary they receive in return for their services.Section 4  Working Hours, Leave and Holidays  Art. 46 Working hours for full-time employment   1 The weekly number of working hours is 45.2 Private household employees must be given a minimum rest period of half an hour for both their midday and evening meal and an additional rest period of one hour during the course of the day. These rest periods do not count as working time.Art. 47 Weekly leave  1 Private household employees must be given one full day of leave per week. This day is usually Sunday. Private household employees and their employers may expressly agree on a different day in the employment contract.2 Private household employees must be given half a working day of leave per week. If this half-day of leave is in the morning, the private household employee shall resume work at 1pm. If the half-day of leave begins after 1pm, then the private household employee does not need to resume work in the evening.3 Private household employees remain entitled to meals on their days of leave. If they do not take their meals at the employer’s home then the employer must pay a food allowance instead, which may not be lower than the amount prescribed by Article 11 of the OASIO18 for calculating the determinant salary in respect of old-age and survivors’ insurance.4 Employers must without fail allow the weekly leave to be taken every week. It may not be carried forward to the following week, even with the agreement of the private household employee.5 Employers must also grant private household employees paid leave for the usual reasons, for example, visits to the doctor or the dentist.18 SR 831.101Art. 48 Record of working hours and overtime  1 The employer and the private household employee must keep a weekly record of hours worked, which must be signed by the employer and the private household employee. They must each keep a copy thereof.2 If necessary, private household employees may be required to work overtime to the extent they are able to do so and where such a request may be made in good faith. In any event, private household employees must benefit daily from 11 consecutive hours of rest. This period of rest may, once a week, be reduced to eight hours provided that the average over two weeks amounts to eleven hours.3 In principle, overtime is compensated for by a period of leave of at least the same duration. This leave must be granted within a reasonable timescale. If the overtime is not compensated for by leave then the hours worked must be paid for at an increased rate of at least 25% above the net salary.4 Hours worked overtime on Sunday and public holidays must be compensated for with leave plus 50 %. This leave must be granted within a reasonable timescale. If this overtime is not compensated for with leave then the hours worked overtime must be compensated for financially at an increased rate of at least 50% above the net salary.5 Overtime worked between 11pm and 6am must be compensated for by leave plus 100%. This leave must be granted within a reasonable timescale. If this overtime is not compensated for by leave then the hours worked overtime must be compensated for financially at an increased rate of at least 100% above the net salary.Art. 49 Public holidays  1 Private household employees are entitled to leave on the following public holidays:a.1 January;b.Good Friday;c.Easter Monday;d.Ascension;e.Whit Monday;f.1 August;g.25 December;h.31 December.2 If a public holiday falls on a Sunday or coincides with the weekly day of leave expressly agreed by the employer and the private household employee in the employment contract, it does not have to be compensated for by a replacement day of leave. 3 Employers and private employees may expressly agree in the employment contract on days of public holiday leave other than those provided for in paragraph 1. Private household employees are entitled to at least eight days of public holiday leave per year.4 Private household employees are not required to work on public holidays. No reduction of salary may be made in consequence.5 In the event that private household employees are required to work on a public holiday then they must receive a day’s holiday in lieu the following week.Art. 50 Holidays  1 The compulsory length of annual paid holidays is as follows:a.on or over 20 years of age: four weeks;b.under 20 years of age: five weeks;c.after 20 years of service with the same employer: five weeks;d.on or over 50 years of age and after five years of service with the same employer: five weeks.2 As a general rule, holidays are allocated during the corresponding year of service; they must include at least two consecutive weeks. 3 Time spent accompanying the employer, or family members thereof, on trips or their holidays does not count as part of the private household employee’s holiday allocation.4 Employers must fix holiday dates taking into consideration the wishes of private household employees to the extent they are compatible with the interests of the household.5 During their holidays, private household employees are entitled to receive their salary in money plus an amount which fairly compensates for their salary in kind (accommodation and food), which may not be lower than the amount prescribed by Article 11 of the OASIO19 for fixing the determinant salary in respect of old-age and survivors’ insurance; the employer must continue to pay all other salary items required by Article 44 hereof.19 SR 831.101Art. 51 Employer’s absence  If the employer is absent, the private household employee is still entitled to his or her salary. The employer also remains bound by all obligations in Article 44. The employer must, in particular, ensure that the private household employee is paid a fair allowance for food costs, which can be no lower than the amount prescribed by Article 11 of the OASIO20 for fixing the determinant salary in respect of old-age and survivors’ insurance.20 SR 831.101Art. 52 Private household employee’s incapacity to work  1 If a private household employee, through no fault of his or her own, is unable to work for personal reasons, such as illness, accident or fulfilment of a legal or public obligation, the employer must continue to pay his or her salary for a limited period, provided that the work relationship has lasted for more than three months or has been entered into for a period of more than three months.2 The amount payable in this situation by the employer during the first year of service is three weeks’ salary. The amount payable thereafter is two months’ salary or the salary for the period not worked, whichever is the shorter.3 Employers may at their own expense take out insurance to cover them for their financial obligations arising under this Article 52.Art. 53 Employer’s reference  1 Private household employees may any time require their employer to provide them with an employer’s reference containing details of the nature and length of their work relationship, as well as an assessment of the quality of their work and conduct.2 At the express request of the private household employee, the employer’s reference should be limited to the nature and length of the work relationship only.Chapter 8 Insurance  Art. 54 General  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.Art. 55 OASI/IV/LEC/UI/FA  1 Private household employees must be insured in accordance with the Federal Act of 20 December 194621 on Old Age and Survivors’ Insurance (OASIA), the Federal Act of 19 June 195922 on Invalidity Insurance (InvIA), the Loss of Earnings Compensation Act of 25 September 195223(LECA), the Unemployment Insurance Act of 25 June 198224(UIA) and the Family Allowances Act of 24 March 200625(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.21 SR 831.1022 SR 831.2023 SR 834.124 SR 837.025 SR 836.2Art. 56 Occupational Pension Scheme  Private household employees must be insured in accordance the Federal Act of 25 June 198226 on Occupational Pensions for Old Age, Survivors and Invalidity.26 SR 831.40Art. 57 Health Insurance  1 It is the obligation of employers to ensure that private household employees are insured in accordance with the HIA27. Employers should select the insurance in agreement with their private household employee.2 Under Article 6 paragraph 2, of the Ordinance of 27 June 199528 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.27 SR 832.1028 SR 832.102Art. 58 Accident Insurance  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 198129 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. 29 SR 832.20Art. 59 Exemption from Swiss Social Insurance  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 196130 on Diplomatic Relations, the Vienna Convention of 24 April 196331 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.30 SR 0.191.0131 SR 0.191.02Art. 60 Failure to take out insurance  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.Art. 61 Social insurance required by cantonal law  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.Chapter 9 Powers of the FDFA  Art. 62 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.Chapter 10 Final Provisions  Art. 63 Amendments to current legislation  Amendments to current legislation are governed by the annex hereto.Art. 64 Transitional Provisions  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.Art. 65 Commencement  This Ordinance comes into force on 1 July 2011.Annex (art. 63)Amendments to Current Legislation …3232 The amendment may be consulted under AS 2011 2425.