CBA Staff Leasing
Preamble
swissstaffing
and
Unia
Syna
Kaufmännischer Verband Schweiz (KV Schweiz)
Angestellte Schweiz
with the intention of
Making an important contribution to the economic and social development of private employment agencies (PEA)
and of temporary workers
Preventing unfair competition between PEAs
Regulating the employment terms and conditions in a reasonable manner and to enforce said regulations and to in
particular ensure that they are effectively and efficiently implemented
Living in the spirit of forthright social partnership true to the principles of good faith
Promoting the Continuing Professional Development of employees
Fostering the interests of the professional organizations for the common good of employers and employees
Making a contribution to the improvement of work place safety and the protection of employee health are entering
into the following Collective Bargaining Agreement (hereinafter referred to as “CBA temporary work”) effective as
of:
Legend: new wording according to Generally Binding Declaration of the Federal Council (Bundesrat)
Not GB (cursive)
Art. 1. Geographic Scope of Application
The CBA Temporary work (TW) shall apply to all of Switzerland.
Art. 2. Operational Scope of Application
1 The CBA TW shall apply to all enterprises that:
a) are in possession of a Swiss Federal or Cantonal Temporary Staff Leasing Permit pursuant to the Federal law on
private employment agencies (LPEA) (SR 823.1) and
b) Pursuant to Art. 66 Federal law on accident insurance (LAI) (SR 832.20) are insured under Tariff Class 70C SUVA
(Swiss Accident Insurance Fund) and
c) Generate a payroll of at least CHF 1,200,000 with regard to the staff leased per calendar year
2 Enterprises that are in a position to submit credible evidence to the Swiss Bipartite Vocational Commission for Staff
Leasing (Paritätische Berufskommission Arbeitsverleih - SPKA) that they have exceeded a total payroll of CHF
1,200,000 only exceptionally, given economic reasons, shall be exempted by the SPKA from the GB CBA.
3 The GB CBA shall apply to all temporary workers leased by enterprises as defined in Section 2. This shall exclude
employees earning wages over and above the maximum insured earnings according to SUVA. Also exempt shall be
employees who, in the event of bottlenecks (e.g. absence due to vacation times, operations manager hindrances or
peak workloads), are leased to agricultural operations.
4 Outside of the operational scope of application, enterprises have the option to submit themselves to the CBA at their
discretion. In this case, resiliation is only granted observing a termination period of six months prior to the contractual
expiration date of the CBA according to Art. 43 CBA.
Art. 3. Enterprises Subject to Other Collective Bargaining Agreements
1 The CBA TW shall also be in effect at assignments where the utilizing enterprise is subject to a different CBA. To this
end, the CBA TW shall adopt, subject to the exclusion of an application of the provision of the CBA TW, the legally
effective, wage and work time provisions governed under the CBA pursuant to Art. 20 LPEA (SR 823.11) and Art. 48a
Ordinance on Private Employment Agencies (OPEA) (SR 823.111) from the CBA in effect at the assignment operation
• that are generally binding or
• that are non-generally binding CBAs as per Annex 1,
• as well as generally biding provisions on flexible retirement pursuant to Art. 20 LPEA.
2 The following shall not be adopted: provisions pertaining to daily sick leave pay insurance, vocational pension
benefits, contributions for CBA enforcement and Continued Professional Development, provided the solutions set forth
in this CBA TW are at least equivalent with the provisions set forth in the CBA of these sectors.
3 Utilizing enterprises having CBAs that are not GB and not listed in Annex 1 of this CBA, the provisions of this CBA
TW shall fully apply. Exempt from the scope of the provisions governing minimum wages pursuant to Art. 20 CBA TW
shall be companies belonging to the pharmaceutical industry, the machine engineering industry, the graphic industry,
the watch industry, the food, beverage and tobacco industry as well as public transportation providers and leisure
consumer products. This exemption has been agreed upon given the fact that the common local and industry wages in
these sectors are higher than the minimum wages set forth in Art. 20 of this CBA. In the event that the Swiss Bipartite
Vocational Commission (SPKA) should have concrete information that wage dumping is occurring in one or several of
these industries, the SPKA or any contracting party of the CBA TW shall have the option to file an application that an
investigation be conducted with the competent tripartite commission (Art. 360b OR).
4 The quantitative benchmarks of the CBAs of Annex 1 and their modifications shall become effective 30 days after
their publication by the contracting organizations on the electronic CBA database designated by the Bipartite
Commission SPKA. The benchmarks of the CBAs declared to be of mandatory general nature pursuant to Art. 3,
Section 1 shall also be published by the employee organizations on the electronic database designated by the Bipartite
Commission SPKA.
5 In the event of termination of one or several of the GB CBAs to be complied with and the nonGB CBAs, the wage
provisions, the work time regulations as well as any provisions pertaining to flexible retirement of said CBA shall
continue to apply even in the absence of a contract as long as the contracting parties affected by the termination of the
respective CBA continue to be in negotiations.
Art. 4. Individual Scope of Application
CBA TW shall apply to all employees assigned to operations pursuant to Article 2 as leased staff.
2 Exceptions:
1 The
Employees earning wages that exceed the maximum insured earnings pursuant to SUVA shall not be subject to this
CBA TW.
3 Individual employers who are not involved in the CBA TW shall have the option to join the CBA TW at their
discretion.
Art. 5. Duration of Employment
For services defined by the duration of employment of a staff member with the PEA (with the exception of a
probationary period and advance notice period in the event of termination), all services rendered to the same PEA
within the same 12-month period shall be summed. A total of 22 salaried work days, vacation days, holidays, sick
leave days and days off because of an accident shall be considered one month.
Art. 6. Generally Binding Declaration (GB)
contracting parties agree to pursue the GB declaration of this CBA TW.
2 The GB applied for extends 6 months beyond the contract expiration date.
3 This provision shall take effect upon undersigning of this contract prior to the GB declaration .
1 The
Art. 7. Enforcement of the Contract, Continuing Vocational Training and Social Fund
collective contracting parties under this CBA TW shall be jointly entitled to the fulfillment of the provisions of the
CBA by employers and employees pursuant to the provisions of Article 357b OR.
2 The contracting parties shall perform this Contract jointly and shall enforce the application of its provisions. Moreover,
they shall support and foster the provision of continued professional development aiming at career development and at
improving the job market positioning as well as work place safety and the protection of the health of leased staff
members. As a third undertaking, the contracting parties shall establish a social fund to support the collective daily
health benefit insurance (ref. Art. 28 and 29).
3 They herewith assign the responsibility for the enforcement, the continued professional development and vocational
training as well as the fostering of work place safety and the protection of the health of leased staff to an Association
comprised of a parity-based membership, whereby the enforcement within the CBA scopes shall be delegated to the
bodies designated for this purpose under compensation obligations. The Association shall be required to submit its
accounting records pursuant to Art. 2 and 3 AVEG and shall be required to compile the annual budget. Unia shall be
responsible for the executive management of the enforcement segment; swissstaffing shall be in charge of the
executive management of continued professional development. The social fund shall be under the executive
management of the Foundation 2nd Pillar swissstaffing.
4 For the purpose of financing, vocational contributions of a total of 1.0 percent of the wages shall be withheld from
employees and employers. The share of the employer shall be 0.3%; the share to be paid by employees shall be 0.7%.
All further details shall be governed by the Regulations.
5 The enforcement and continued professional development costs of members of the contract executing associations
are included in their membership dues. The provisions for reimbursement are set forth in Regulations; and the
maximum reimbursement totals 80% of the membership dues.
6 The continued professional development portfolios of the Sector CBA are available to leased staff within the
framework of the applicable Regulations.
7 Vocational dues shall be collected on the basis of the total SUVA wages by parity-based Association Enforcement,
Continued Professional Development and Social Fund. The organization and use of the funds are governed in detail by
the Regulations.
1 The
Art. 8. Association Enforcement and Continuing Training, Social Fund
organization established by the contracting parties to the CBA TW for the enforcement, social fund, the fostering
of continued professional development and work place safety as well as for the protection of health is set up as an
association. Members are designated on a parity-based arrangement by the contracting parties. The presidency shall
alternate in 18-month intervals between employee and employer representatives. In the event that a non-contractual
state should ever arise, the contracting parties shall agree upon the benefits that shall continue to be provided based
on this Contract.
2 The Business unit Enforcement shall be under the management of UNIA. The detailed responsibilities shall be
governed by the Regulations.
1 The
3 The Business unit Continued Professional Development shall be under the management of swissstaffing. The
detailed responsibilities shall be governed by the Regulations.
4 The Business unit Social Fund shall be under the management of the Foundation 2nd Pillar swissstaffing. The detailed
responsibilities shall be governed by the Regulations.
5 All specifics, in particular those in reference to the exact use of resources, services, organization and handling as well
as the responsibilities of the business units shall be governed by the Statutes and Bylaws.
6 Financing shall be provided by the employees and employers subject to this Contract. The dues shall be computed
on the basis of the total SUVA wages billed by the employers. They shall substitute all enforcement and continued
professional development (Parifund) dues for the CBAs comprised by Article 3.
Art. 9. Prohibition of Staff Leases for the Purpose of Strikebreaking and Prohibition of Illegal Employment
shall not be leased to assignment operations where legal strikes are underway for the purpose of
strikebreaking.
2 The parties shall advocate for the prevention of illegal employment and the employers oblige not to engage in any
illegal work arrangements.
1 Employees
Art. 10. Probationary Period
1 Employees who are working on the basis of indefinite term employment contracts whose recruitment establishes a
new employment relationship shall be required to complete the first three months as a probationary employment
period.
2 In the event that the probationary period is effectively abbreviated as a result of sick leave, absence due to an
accident or fulfillment of a statutory obligation that is not based on voluntary arrangements, the probationary period
shall be extended accordingly.
3 Employees who are working on the basis of a limited employment contract term shall be required to complete the first
two thirds of their contract term, not to exceed three months, as a probationary employment period.
4 During the probationary employment period, employment may be terminated at any time subject to an advance notice
period of two work days.
Art. 11. Termination
The termination notice periods for indefinite term assignments shall be:
• Two work days during the first three months
• From the fourth up to and including the sixth month – 7 days
• As of the seventh month, one month, in each case to the same date of the subsequent month
Art. 12. Work Time
1 The total number of normal weekly work hours is 42.
The 43rd – 45th work hour worked during any given week shall be considered overtime hours that are not subject to
overtime pay and shall be paid at the regular pay rate or shall be compensated 1:1 in time off.
2 The 10th through and not to exceed the 12th daily work hour and the 46th through and not to exceed the 50th weekly
work hour shall be considered overtime subject to overtime pay at the rate of a 25 % surcharge on week days and 50
% on Sundays. This shall be subject to the provisions of the Swiss Labor Act (SR 822.11) and to Ordinance 1 in
reference to the Swiss Labor Act (SR 822.111).
Art. 13. Paid Vacation Days
an employee has completed the 20th year and as of the completed 50th year of age, employees shall be entitled
to 25 work days per annum (10.6%) of paid vacation. All other employees shall be entitled to 20 work days (8.33%) of
paid vacation.
2 Vacation pay due to one-time employment relationships that do not exceed three months may be disbursed directly
with the wages, but shall be reported separately on the payroll statement. The disbursement of vacation pay to all
other employment relationships shall be contingent upon the employee actually taking the vacation or the employee
definitely terminating the employment relationship, in so far as the vacation cannot be taken during the termination
notice period or is not permitted by law. The vacation pay accrued of the employee shall be specified in each payroll
statement.
1 Until
Art. 14. Public Holidays
1 After an employment period of 13 weeks, employees shall be entitled to reimbursement for wages lost for all official
public holidays that fall on week days but are declared equivalent to a Sunday. The employer may, at their discretion,
opt to compensate for these days a lump sum addition of 3.2% on wages on top of the calculated AHV wages.
Employees shall - from their first work day - be entitled to reimbursement for wages lost for August 1, provided this
holiday is on a week day.
2 Assignments completed within a period of 12 months with the same assignment operation shall be accrued. The
contractually agreed upon normal work hours shall be used as the basis for computation.
Art. 15. Brief Absences
After completion of the probationary employment period, employees shall be entitled to compensation for lost wages in
the event of the following absolutely essential absences.
• Wedding of the employee, death of a person living in the family unit or of the employee’s life partner – 3 days
• Death of a sibling, parent, grandparent or parent-in-law - 1 day
• Birth or marriage of offspring - 1 day
• Relocation of employee’s own household – 1 day
• Military inspection - ½ day
• Provision of care for a sick child – up to 3 days per illness
• Meeting of statutory obligations – hours required
The contractually agreed upon normal work hours shall be used as the basis for computation.
Art. 16. Mandatory Swiss Military Service or Civil Service
1 Employees working under indefinite employment contracts shall be entitled to compensation for wages lost while
performing mandatory Swiss military or civil services after they have completed their probationary employment period
as follows:
• 80% of the wages shall be paid for a period of maximum 4 weeks per annum and
• After two years of uninterrupted employment to 80% of their wages pursuant to the Berne Scale.
The contractually agreed upon normal work hours shall be used as the basis for computation.
2 If the benefits set forth in the Swiss Employment Reimbursement Policy (SERP) (Erwerbsersatzordnung) should
exceed the benefits paid by the employer, the balance shall be due to the employee.
3 In cases where contributions to SUVA, enforcement and continuing training fees are deducted from SERP benefits of
employees for administrative reasons, these contributions shall not be refunded to employees. The lost wage
compensation amount pursuant to Art. 16 Section 1 shall be deemed reduced by said contributions.
4 The benefits described above shall be considered continued wage payments (Lohnfortzahlung) by the employer as
defined by Articles 324a and 324b OR.
Art. 17. Maternity
1 Pursuant to Article 16b and subsequent of the Swiss Earnings Substitution Law (EOG) female employees shall be
entitled to maternity benefits provided they had coverage through the Federal Law on Old-Age and Survivors’
Insurance (AHVG) during the nine months immediately preceding the birth of the child and during said time worked to
earn an income for at least five months and are still active employees at the time of giving birth.
2 The entitlement to reimbursement shall be established on the date the child is born. For a maximum period of 14
weeks (16 weeks in Geneva), mothers shall be on maternity leave, during which they shall receive 80% of their
average earnings received during the period prior to the entitlement to reimbursement. Maternity benefits shall be paid
in the form of a daily benefit comprising a maximum of 98 daily benefits (in Geneva max. 112 daily benefits). The
entitlement shall end prematurely if the mother begins to work again. No lost wages compensation insurance benefits
shall be paid in the event of absence due to pregnancy.
3 Wages lost due to sick leave during pregnancy shall be reimbursed pursuant to Art. 28.
Art. 18. Remuneration
The wage categories, wage allocations and wages recorded in the electronic CBA database designated by the
paritybed commission SPKA shall be considered integral components of this CBA TW.
2 Employees are entitled to a 13th monthly wage payment.
Art. 19. Allocation of Wage Categories
Allocation to the respective wage categories shall be performed by the employer and shall be listed in the assignment
contract. During the probationary employment period, the employer shall have the option to modify the allocation once.
Art. 20. Minimum Wage
following minimum annual wages, which are subject to mandatory AHV application shall be complied with:
1 The
Untrained workers: CHF 39,000/annum or CHF 3000/month x 13 or CHF 16.46/hour (base wage)
Untrained workers in high income areas: CHF 41,600/annum or CHF 3200/month x 13 or CHF 17.56/Std. (base wage)
Trained workers: CHF 52,000/annum or CHF 4000/month x 13 or CHF 21.95/hour (base wage)
Trained workers high income areas: CHF 55,900/annum or CHF 4300/month x 13 or CHF 23.59/hour (base wage)
For the computation of gross wages please refer to Annex 2.
2 High income areas: Agglomeration Berne, BS, BL, ZH, GE, arc lémanique.
3 Border area TI and Western Jura:
During the first contract year, the minimum wage for untrained workers of CHF 39,000 may be up to 10% lower and up
to 5 % lower during the second contract year. This transitory rule shall expire upon completion of the second contract
year. The bipartite Commission shall define the border areas.
4 For apprenticeship graduates in the first year of full employment after the apprenticeship, the minimum wage (for
trained workers) may be reduced by 10%.
5 The basic formula for the annual hours worked computation is: 52.07 weeks @ 42 hours = 2187 hours.
6 The parties shall negotiate annually to determine any adjustments to be made to the minimum wages.
Art. 21. Exceptional Cases
Upon filing of a respective motion, the Swiss Bipartite Vocational Commission for Staff Leasing (SPKA) with the
consent of the competent bipartite Enforcement Commission of the respective sector shall have the option to approve
deviations from the recorded tariffs by up to 15% for employees under 17 years of age, students, interns and
individuals who are employed for a period not to exceed 2 months per calendar year, and for individuals who have
limited physical or mental capabilities.
Art. 22. Local Computational Basis
Generally, the basis for the computation of wages and of all benefits and deductions shall be the location of the
assignment operation.
Art. 23. Disbursement of Wages
Wages shall be paid at least once a month. This shall occur no later than on the 5th day of the month following the
month of employment.
Art. 24. Wage Supplements
to wages in compensation for overtime, night time and Sunday work shall not be accumulated. The
highest rate shall be applied in each case.
2 Such payments shall be subject to the company or CBA provisions applicable to operations working in shifts and
institutionalized Sunday work (healthcare, hospitality, public transportation and government operated systems, tourism,
etc.). Their CBA provisions shall also apply to the wage supplements to be paid to leased personnel.
1 Supplements
Art. 25. Night Time Work
Temporary night time work hours from 11.00 PM – 06.00 AM or temporary night shifts (11.00 PM – 06.00 AM, resp.
10.00 PM – 05.00 AM or Midnight – 07.00 AM) shall be paid at the rate of the base wage plus 25%. This shall be
subject to the provisions of the Swiss Labor Act and its ordinances.
Art. 26. Work Place Safety / Special / Hazardous Work
of labor leasing permits shall be required to document to the Enforcement Commission their compliance with
the relevant FCOS Guideline.
2 Staff leasing firms shall be required to instruct staff consultants and employees with regard to work place safety and
shall confirm same on the assignment contract. The contracting parties shall define learning objectives and teaching
units for basic training.
1 Holders
3 In accordance with the Swiss Ordinance on Accident Prevention, the assignment operations shall be responsible for
making available basic safety equipment and providing complementary protective measures as well as instructions; the
provision of the respective protective garments, the compliance with the protection regulations (asbestos
refurbishment, water, sludge, underground work, etc.) as well as the reporting and reimbursement of the respective
wage supplements to the leasing firms.
Art. 27. Per Diem
1 In the event that a Sector Contract, whose wage provisions have become integral components of this Contract,
should call for the payment of per diem for out of town meals, such payments shall also be made to leased employees.
Art. 28. Sick Leave
1 In the event that an employee should become sick during an assignment, the employee shall be entitled to
compensation for wages lost. All employees who are not recipients of an AHV pensions are covered by mandatory
insurance to receive a daily sick leave benefit from an accredited health insurance provider or a Swiss insurance
company. The conditions and benefits are governed by Art. 29 of this Contract. The benefits paid by said insurance
providers shall be considered continued wage payments as defined by Article 324a OR. Employees who are eligible to
receive AHV benefits shall be reimbursed pursuant to Art. 324a OR. Insurance coverage shall begin on the day the
employee begins to work.
2 The benefits paid shall total at least 80% of the average wages, provided the inability to work makes up at least 25%.
3 The following entitlements shall be accrued after a waiting period not to exceed 2 days:
• For employees working in assignment operations where a GDMA CBA is in effect, money equivalent benefits for
720 days within 900 days
• For employees who are subject to mandatory BVG coverage according to this CBA TW, money equivalent benefits
for 720 days within 900 days
• For employees who are neither working in an assignment operation subject to a GDMA CBA nor are subject to
mandatory BVG coverage in accordance with this CBA TW, money equivalent benefits for 60 days within 360 days
4 As far as any reservations based on preexisting illnesses are concerned, the General Terms and Conditions of the
respective insurance company shall apply.
The employee shall be briefed on the scope of the benefits, the provider of the benefits and the premiums in writing in
conjunction with the Master Employment Contract or assignment contract. In the event of an illness, the employee
shall be required to notify the employer, not merely the assignment firm, immediately.
5 To determine eligibility for all benefits that are defined by the seniority of the employee with the staff leasing firm, all
assignments worked with the same assignment firm within the same 12-month period shall be accrued.
Art. 29. Daily Sick Leave Benefit Insurance
1 Continued wage payment through collective insurance coverage: The Company shall be required to obtain insurance
for employees governed by the CBA TW that pays a per day sick leave benefit of 80% to the employee absent due to
sick leave based on the normal contractual work time equivalent to the most recently paid wages1. As a result of the
daily sick leave benefits paid by the collective insurance provider and the employer funding half of the premiums for
said insurance, the employer’s obligation to continue to pay wages according to Art. 324a and 324b OR shall have
been met in full.
2 Premiums:
a) Payment of premiums: The premium to be paid by the employees shall not exceed 50%; and a maximum of 3.0% of
the wages during the first contract year; and shall thereafter not exceed 2.5%. Any premium surpluses shall be applied
annually to reduce the amounts of premium to be paid.
b) Deferred payment of daily sick leave benefits: In the event that the Company should enter into a collective daily sick
leave insurance policy with deferred benefit payments and in compliance with a two-day grace period, the Company
shall be required to pay 80% of the wages incurred due to the employee’s sick leave directly during the deferral period.
In this case, the employee must not be charged for more than half of the premium estimated based on the discount
scale of health insurance providers (Annex 3); at a maximum 3.0% during the first contract year and a maximum of
2.5% thereafter.
3 Minimum insurance terms: The insurance terms must contain the following minimum insurance provisions:
a) Insurance coverage becomes effective on the day the employee begins to work
b) Compensation shall be paid analog to the SUVA criteria after a maximum of a two-day grace period to be
absorbed by the employee. During the deferred benefit period, the employer is required to compensate the employee
for lost wages subject to the same conditions
c) Benefit eligibility shall be defined pursuant to Art. 28,
d) The daily sick leave benefit shall be paid at the ratio of the degree of disability in the event of partial inability to work
provided the degree of disability is at least 25%
e) Stays outside of Switzerland lasting more than three months shall be excluded from benefit eligibility subject to the
condition that they are not work assignments abroad, not subject to different statutory provisions or stays at a
rehabilitation/recovery center and if return travel to Switzerland is additionally not feasible for medical reasons
f) Premiums are not due during times of illness
g) Makes available to the employee the option to transition to individual insurance coverage after leaving collective
insurance coverage within 90 days pursuant to Art. 71 Section 2 KVG and Art. 109 KVV, whereby the premium of said
individual insurance coverage shall be based on the age of the employee when joining the collective insurance plan. If
collective insurance coverage was obtained with deferred daily sick leave benefits, the terms of the insurance must be
such that the employee leaving the collective insurance plan will not be in less advantageous plan than he or she
would have been in the event of collective insurance without deferral, i.e. the waiting period must allow for a reduction
to two days without a health check being required at the request of the employee who is leaving.
4 A collective daily sick leave benefit insurance plan is being offered to staff leasing firms by the social partners.
1 According
to the Swiss Federal Law on Health Insurance (KVG, SR 832.10) or the Insurance Contract (VVG, SR 221.229.1
Art. 30. Accidents
During their assignments, employees shall be insured against the risk of accidents at work through SUVA. The
insurance coverage begins on the date work is started and ends on the employee’s last day of work. Accidents that are
not vocational in nature shall be covered pursuant to the SUVA provisions. In the event that because of extraordinary
hazards and risks taken as defined by Art. 49 and 50 of the Ordinance on Accident Insurance (UVV) benefits for nonvocational accidents are refused or reduced by SUVA; the employer shall not be required to continue to pay wages
pursuant to Art. 324a resp. 324b.
Art. 31. Vocational Pension Plans
1 Pursuant to the provisions of the BVG, employer and employees are required to join a vocational pension plan. The
Regulations shall include the following minimum requirements:
2 Mandatory insurance coverage
• Mandatory as of the 1st work day for employees who have child support obligations
• Voluntary for all other employees as of the 1st work day
• Mandatory for employees with indefinite term contracts or contracts exceeding 3 months as of the 1st work day
• Employees with limited contracts that do not exceed terms of 3 months are not subject to mandatory insurance, but
have the option to obtain voluntary coverage
• Mandatory coverage required as of the day the employee learns of the prolongation of a preexisting contract
beyond 3 months
• Always mandatory as of the 14th work week
3 For all benefits that are defined by the seniority of the employee with the staff leasing firm, all assignments worked
with the same staff leasing firm within the same 12-month period shall be accumulated.
4 Insured monthly wages
The insured monthly wages shall be computed and insured based on the following example: Hourly wage from which
the AHV contributions are deducted: CHF 25.75
(max. CHF 36.85 – corresponds with the BVG maximum hourly wage computation)
Coordination amount to be deducted CHF 10.75
Insured hourly wage (min. CHF 1.55) CHF 15.00
Multiplied by the effective hours worked during the month 150
Insured wage for the month CHF 2,250.00
5 The "maximum" and "minimum" amounts as well as the "coordination amount" do change every time an adjustment is
made to the BVG. These amounts will be recorded in the CBA database designated by the Swiss Bi-partite Vocational
Commission for Staff Leasing (SPKA) by the Foundation 2nd Pillar swissstaffing and shall be published in due time in
each case.
Art. 32. Enforcement
The Swiss Bi-partite Commission for Staff Leasing (SPKA) shall be responsible for the joint implementation,
performance and enforcement of the provisions of the CBA TW within the framework of the provisions of the CBA TW.
The organization, responsibilities and competencies shall be governed by related Regulations.
Art. 33. Regional Bi-partite Vocational Commissions
At the latest within 12 months after the effective date of the GB agreement, three regional bi-partite vocational
commissions (RPKAs) shall exist, which are defined by linguistic regions and who are responsible for the enforcement
of the sections without the involvement of the sector enforcement bodies. The assignment of the enforcement authority
shall namely also include the assignment of competency for the controlling of the provisions of this CBA and the
competency for the imposition of contractual penalties. In this case the SPKA shall assume the role of a supervisory
body.
Art. 34. Cooperation with Parity-Based Vocational Commissions of Other Sector Associations
order to ensure the efficient enforcement of this CBA TW, the Swiss Bi-paritite Vocational Commission for Staff
Leasing (SPKA) herewith assigns the authority to enforce the sections containing ave-CBAs and CBAs pursuant to
Annex 1, which are in effect at the sector enforcement bodies, to the respective parity-based vocational commissions
and compensates same accordingly. Along with the assignment of the authority to enforce, the controlling of
compliance with the minimum working conditions, namely also the competency to impose contractual penalties within
the framework of the provisions of their CBA is also transferred accordingly.
2 The Swiss Bi-partite Commission for Staff Leasing (SPKA) shall ensure proper coordination and shall represent the
interests of the staff leasing industry. It does have the authority to review the adequacy of contractual penalties
resulting from non-ave-declared CBAs.
1 In
Art. 35. Company Audits
The Swiss Bi-partite Commission for Staff Leasing (SPKA) and the regional bi-partite vocational commissions staff
leasing (RPKA) shall have the authority to order the performance and enforcement of company audits to verify
compliance with the provisions of this CBA TW, namely of the work time and wage provisions, the minimum mandatory
benefits to be paid by the daily sick leave benefit insurance plan and the payment of contributions to the enforcement,
continued professional development and social fund. The Swiss Bi-partite Commission for Staff Leasing (SPKA) shall
ensure the coordination of such actions.
Art. 36. Auditing Instances
The company audits shall be conducted as commissioned by the Parity Vocational Commission (SPKA/RPKA) by
contracted companies/institutions specializing in this field.
Art. 37. The Consequences of Minor or Minimal Infractions of the CBA TW
1 In the event of minor or minimal infractions, the Bi-paritite Vocational Commission (SPKA/RPKA) shall decide whether
to charge auditing costs. When doing so, it shall take into account whether the violations found have been corrected
and whether the obligations have been met.
2 The audited companies shall not be entitled to any compensation related to ordered company audits.
Art. 38. Consequences of Infractions Detected
the event that the sector enforcement bodies should detect infractions, the provisions of the CBA applicable with
priority shall apply.
2 Both, the SPKA and the RPKA shall have the authority to impose upon the company in violation not only a contractual
penalty, but also the procedural and auditing costs incurred for the objects mentioned in Art. 35 CBA and Art. 357b,
Section 1 OR. This shall also apply to the expenditures of third parties commissioned by the SPKA and RPKA.
3 The audited company shall be responsible for the financial compensation to be paid for the infraction detected. It shall
be required to submit written proof of having made the compensation payments to the SPKA/RPKA within one month
after the written notification of the decision.
4 The SPKA/RPKA shall have the authority to impose upon companies who are violating the provisions of the CBA TW
contractual penalties up to an amount of CHF 50,000.-. The benchmark for the determination of the amount of
contractual penalties due shall be the amount of money equivalent benefits withheld, the duration of the audit, the
1 In
number of employees audited, the mitigating elements such as the expeditious retroactive payment of money
equivalent benefits, aggravating elements such as the violation of non-money equivalent CBA provisions and a
surcharge for the particular gravity in the event of multiple violations.
5 In the event of repeat or multiple violations of the CBA TW, the full extent of the contractual penalty may be applied.
In doing so, reasonable consideration is to be given to the size of the company in violation.
6 Any contractual penalty that has been imposed shall be due for payment to the Swiss Bi-partite Commission for Staff
Leasing (SPKA) within 30 days. The SPKA shall ensure that the contractual penalty is used to cover the costs of the
audit and that any surplus is used in a reasonable manner, primarily for general purposes as defined by this Contract.
Details shall be governed by the Statutes of the Association Bi-partite Enforcement,Continuing Training and Social
Fund for Staff Leasing.
7 In the event of multiple violations of the CBA TW, a motion to revoke the staff leasing permit may be filed.
Art. 39. Place of Recourse
1 A Recourse Commission shall be established, which shall consist of two each employer and employee
representatives elected by the association assembly of the Association Parity-Based Enforcement, Continuing Training
and Social Fund for Staff Leasing.
2 The Recourse Commission shall discuss and make decisions on recourse action taken by the affected parties against
presumption decisions, rulings based on findings, contractual penalties imposed, auditing decisions, namely the
imposition of auditing costs, decisions related to applications for support of continuing training programs, decisions with
regard to applications filed for the support of measures aiming at the protection of the health and work place safety by
the SPKA and RPKA.
Art. 40. Court of Arbitration
1 For the duration of the term of this Contract, a permanent Court of Arbitration shall be appointed, which shall make
final rulings on disputes between the contracting parties as far as the interpretation of this Contract is concerned.
2 The Court of Arbitration shall consist of a jointly appointed member of the legal profession as the chairperson and two
representatives of each party. In the event that an agreement on the findings of the chairperson should not be reached,
this responsibility shall be assigned to the president of the Supreme Court of the Canton of Zurich or an individual
designated by the former.
3 The costs shall be incrued to the contracting parties of the CBA TW.
Art. 41. Provisions of the OR and of the AVG
In the absence of respective provisions in the CBA TW, the provisions of the OR, the Swiss Labor Law, the Federal
Law on the Declaration of Mandatory General Applicability of CBAs and of the AVG shall apply accordingly.
Art. 42. Legal Domicile and Place of Jurisdiction
The contracting parties acknowledge that Zurich, Switzerland, shall be the legal domicile and place of jurisdiction.
Art. 43. Effective Date and Term of the CBA TW
1 This CBA TW shall be rendered effective upon being declared mandatory for general application. It may not be
terminated until 30 months have passed giving notice to the end of the 36th month.
2 In the event that urgent circumstances should arise, the parties, upon written request by one party, shall have the
option to enter into negotiations about modifications of this Contract during its effective term.
3 In the event that the Contract should not be terminated 6 months prior to its expiration, it shall be automatically
prolonged by 1 year each time.
Zurich/Berne, 17th March 2009/15th July 2011
For swissstaffing
Charles Bélaz
President
Georg Staub
Director
For the Labor Union – Unia
Renzo Ambrosetti
Co-President
Vania Alleva
Member of the Executive Board
For the Labor Union Syna
Kurt Regotz
President
Arno Kerst
Vice President
For KV Switzerland
Peter Kyburz
General Secretary
Barbara Gisi
Central Secretary
For Angestellte Schweiz
Benno Vogler
President
Stefan Studer
Managing Director
André Kaufmann
Executive Temporary Employment
Annex 1
List of CBAs that are not generally mandatory that are subject to the priority principle pursuant to Art. 3 CBA
The wording of these CBAs may be reviewed on the following website subject to the submission of the applicable provisions:
www.tempservice.ch (The site is scheduled to go live on 2nd January 2012).
Sector CBA (Brief Description)
Trades
Commercial painters and stucco construction Painters, stucco applicants, dry wall mounting, tile laying
and rendering
Tile laying and stove fitters Stove fitters and tile layers
Tile layers SO and AG (excludes Baden)
Commercial Carpenters Carpenters and furniture makers (TI)
Wood Processing Industry Swiss wood processing industry
Automotive/Garages Automotive canton of AG
Automotive cantons of BE + JU
Automotive cantons of BL + BS
Automotive cantons of LU/NW/OW
Automotive canton of SO
Automotive canton of UR
Automotive canton of ZG
Automotive canton of ZH
Automotive repair and similar enterprises canton of
Neuchatel
Automotive repair canton of FR
Floor laying Construction works parquet AG St. Margrethen
Industries
Textile Care/Laundry Services Bardusch AG/ZEBA Central Laundry Services Basel
Tertiary
Trade Trading and commercial processing of metals, Geneva
Ports Ultra-Brag (port), Basel + Muttenz
Healthcare Aargau Cantonal Hospitals
Retirement homes (ROCA)
Cantonal Hospital Services of the Canton of Ticino
Foundation for Home Healthcare Services, Jura
Jura Hospital
Private Healthcare Institutions of the Canton of Ticino
Home Health Care Services Sopraceneri
Home Health Care Services Sottoceneri
Cantonal Hospital Zug
STS Hospital
Aviation ISS Aviation Geneva and Zurich
Swissport Basel
Swissport Geneva
Swissport Zurich
Sector Postal Services/Transportation/Logistics CBA Postal Services
PostLogistics AG
CBA Temporary Help Postal Services
Anmerkung des Übersetzers / Translator’s note:
Abkürzungen / Abbreviations
KV Schweiz Business Administrative Association Switzerland
AHV Old-Age and Survivors’ Insurance
SUVA Swiss National Accident Insurance Fund
UVG Federal Act on Accident Insurance
AVG Federal Act on Employment Services and the Hiring of Services
AVV Ordinance on Employment Services and the Hiring of Services
OR Swiss Law of Obligations
AVEG Federal Law on the Declaration of General Mandatory Applicability of CBAs
FCOS Federal Coordination Commission of Occupational Safety
BVG Federal Act on Occupational Old Age, Survivors' and Invalidity Pension Provision
KVG Federal Law on Health Insurance
KVV Health Insurance Ordinance