With resolution dated 29 March 2016, the Federal Council prolonged the Declaration of General Applicability of the Collective Bargaining Agreement regarding Staff Leasing (CBA Staff Leasing) until 31 December 2018 and, as previously requested by the ICTswitzerland association, reduced the scope of general applicability to businesses mainly engaged in staff leasing.
With resolution of the Federal Council dated 29 March 2016, the operational scope of the CBA Staff Leasing has been modified. The former prerequisites of businesses legally insured with the public Swiss national accident insurance (SUVA) in class 70C pursuant to Article 66 lit. o of the Swiss Accident Insurance Act and having to generate a wage total of at least CHF 1.2 Million per calendar year by means of staff leasing have been dropped. Importantly, the general applicability of the CBA has been reduced to businesses that mainly engage in staff leasing and hold a federal or cantonal permit for employment services according to the Swiss Recruitment and Staff Leasing Act.
With this a previously dissatisfying situation has been remedied. Until now, the applicability to businesses regardless of their key activities has caused legal uncertainty and factual problems particularly in the area of long-term projects that required work for the customer on-site as well as an integration into the client’s organization. This especially concerned ICT businesses for which staff leasing is an indispensable side-effect at times. An additional agreement of 25 April 2015 for the ICT sector did not create sufficient legal certainty with regard to the execution of the CBA Staff Leasing in the past.
With the prolongation of the Declaration of General Applicability until 31 December 2018, several further provisions of the CBA Staff Leasing have newly been declared generally applicable; as for example the termination provision of the CBA Staff Leasing. According to this provision, the employment during the trial period can be terminated at any time with a notice period of two work days. After expiration of the trial period, indefinite employment relationships can be terminated with two work days during the first three months of employment. From the fourth until the end of the sixth month of employment, notice can be given with a notice period of seven days. From the seventh month on, a notice period of one month (to the same day of the following month) must be taken into account. These notice periods are only effective in connection with temporary staff leasing.