In short, we need to have an eye on three different types of CBAs. There is also the possibility that multiple CBAs apply at the same time.
CBAs in Switzerland are not published in full. If a CBA is applicable, you need to review the first published version and then add/check all the changes made through the numerous updates. If one wants a full, up-to-date version, one has to go to the relevant union and ask for the correct one. There are three categories of CBAs:
1. CBA Personnel Lending:
a. Attached, you can find the not-yet-official full version of the CBA Personnel lending.
CBA Switzerland.pdf - in French - 2024-2027 (https://www.swissstaffing.ch/en/Download-center/index.php)
b. Please note that we have to pay corresponding contributions to the enforcement authorities. These are calculated as a percentage of the gross AHV wage. It is also possible to join an industry association.
c. This CBA will always. be applicable to the Swiss entity except in the case that someone earns more than 148 200 CHF.
2. General CBAs for certain industries can be found here.
https://www.tempservice.ch/de/tempdata/auswahl-nach-branchen.php
3. CBA concluded by a specific company. Here, we rely on the Client to inform us about the CBA.
APPLICABLE LAW
This contract is subject to Swiss law, in particular to the provisions of the Federal Job Placement and Staff Leasing Act (AVG), the Federal Law on Work in Industry, Trade and Commerce (Labour Law Act, hereinafter ArG), and Swiss labour law (Swiss Code of Obligations, art. 319 et seqq.). The Collective Bargaining Agreement on Staff Leasing (hereinafter, CBA Staff Leasing) is applicable only if the Employee earns less than the maximum salary covered by the Swiss occupational accident insurance (SUVA).
If the Assignment Company is subject to a generally binding collective labour agreement, the staff leasing company must also comply with its salary and working time regulations (according to CBA Staff Leasing). If a generally binding collective labour agreement provides for an obligatory contribution to further training and enforcement costs, the corresponding provisions shall also apply to the leasing company, whereby the contributions shall be made proportionately to the duration of the assignment. If an Assignment Company is subject to a generally binding collective labour agreement that regulates flexible retirement, the leasing company must also comply with this regulation vis-à-vis the employee.
Source: hyperlink; https://drive.google.com/drive/folders/1CGQ50Hwp1z-CBfLLvktOM_P6UTngOfUx
Submitter: Athena