Externalising certain HR functions: a strategic choice that will save you time and money
- Complex (requiring specific competencies);
- Time-consuming (the longer a task is, the less it is cost-effective);
- Critical (important);
- Circumscribed (limited to a specific service).
HR outsourcing by SRC: the tools and (above all) the men and women
Frequently asked questions regarding Human Resources and salaries
- What is the minimum wage?
The popular initiative of 27/09/2020, accepted by the citizens of Geneva, set the minimum hourly wage at 23 francs as of 1 November 2020.
- Is it mandatory to index salaries to the cost of living?
It is not mandatory unless the employment contract or the collective agreement states this specifically.
- When must salaries be paid?
They must be paid at the latest on the last day of the month unless agreed otherwise.
- Is the employer obliged to accept a request for a salary advance?
Yes, but this consent depends on certain conditions and also depends on the amount of time since the beginning of the month. This advance may not exceed the salary normally paid to the employee, or the surplus will be considered to be a loan which the employer may refuse to grant their employee.
Maternity and Paternity leave
- Who may receive maternity benefits and for how long?
A woman has the right to maternity benefits from the day she gives birth if:
Women who are eligible for loss of income benefits from either public or private insurances (AI, AA, illness and AC) are treated as persons in work.Benefits may be collected for 98 days (14 weeks). However, the Cantons may provide longer periods: in Geneva the right to benefits is extended to 112 days (16 weeks). But, no matter the canton, if the mother resumes her gainful employment before the end of the insurance period, she no longer has a right to these benefits.Source : FER Geneva
- She has been insured with the mandatory AVS during the nine months immediately preceding childbirth (in the case of a premature delivery, this period is reduced);
- She has been gainfully employed during five of the nine months, either as an employee or self-employed.
- What happens to mandatory 2nd pillar coverage during maternity leave?
It is fully maintained. Even though benefits represent 80 % of the salary, the 2nd pillar coverage is calculated on the same basis as prior to maternity leave.
- What provisions are made for paternity leave which came into force on 1 January 2021?
On 27 September last year, the people voted in favour of a two-week paternity leave. Like maternity benefits, paternity benefits correspond to 80% of the average income from gainful employment prior to the birth of the child, but at a maximum of CHF 196 per day. This leave may be taken all at once or in the form of single days taken over the six months following the birth. The employer may not deduct these days from the employee’s vacation.This leave is financed through the system of loss of income benefits (APG), like maternity leave. The APG contribution rate will increase from 0.45 to 0.5%.To obtain these benefits, employees must submit a request for loss of income benefits (APG) to the competent social security administration office.
Regarding leave of absence for illness
- What are the new provisions for caregivers?
A distinction must be made between short-term professional absence to provide care to a family member for which new provisions come into force on 1 January 2021. Amongst the new provisions it should be noted:
The length of leave is for a maximum of three days and must not exceed 10 days per year. The paid leave is 100% at the expense of the employer.
- The implementation of paid leave, granted on presentation of a medical certificate;
- Taking into account for caregivers the direct family members (parents/children), brothers and sisters, spouses, parents-in-law and partners.
In the second case, it refers to leave taken to care for a child who is seriously ill or has been the victim of an accident. These provisions will come into force on 1 July 2021.
The new legal provisions grant paid leave, for working parents, on presentation of a medical certificate, to take charge of a minor child who is seriously ill or has been the victim of an accident. This refers to parent who must suspend their gainful activity to take care of their child and who, at the time of the interruption, are employed, self-employed or work in their spouse’s company for a salary paid in cash in the sense of the LAPG.The leave covers 14 weeks, which may be taken all at once or as single days over a period of 18 months, counting from the day on which the first benefit is paid.Source : FER Geneva
Can the loss of earnings insurance require a medical certificate issued by a doctor in Switzerland?
It may be required if it is listed in the General Conditions. The insurance will not pay benefits if the employee has not consulted a doctor in Switzerland. This should be made clear to the personnel.
- What should be done if the medical certificate appears doubtful?
A second opinion may be requested from one of the medical advisors of the Union des Associations Patronales Genevoises (UAPG). This consultation will be at the employer’s expense.To learn more: www.uapg.ch
- Teleworking: are expenses reimbursed by the employer?
Professional expenses must be reimbursed by the employer. These expenses must be distinguished from the employee’s personal expenses, meaning those expenses concerning daily life. Therefore, the employer is not obligated to reimburse the employee for expenses the employee normally assumes whether they are (tele)working or not, such as participation in the rent of the employee’s domicile or their Internet subscription.N.B.: the rule is different if teleworking is imposed on the employee by the employer.
- Teleworking: what are the employer’s obligations regarding data protection and confidentiality?
In application of the Federal Act on Data Protection (FADP) which comes into force in 2022, the employer has the obligation to protect personal data (of clients, employees and third parties) treated by their employees in the context of their work. This implies ensuring the security of these data, not only through technical measures but also through directives and instructions to employees with the aim to ensure the confidentiality of these data.Source : FER Geneva