The employer is required to make a minimum of 12 wage payments annually, and to take into account the employee’s right to at least four weeks of paid vacation on reaching the age of 20, and five weeks of paid vacation before the age of 20. The employer must pay the employee the agreed rate. The number of monthly payments, which in no case may be less than 12, must be determined by the employer on the basis of the annual wage.
The employer is also free to make a special payment in addition to the normal wage (gratification) on certain occasions such as at Christmas or the end of the financial year. If such a payment is part of an agreement, the employee is then entitled to expect it as his due.
Taxation at the source
Usually, the employees having a residence permit (B permit) and the Swiss nationals living in France are taxed at the source. A permanent mission is not an employer that must mandatory withhold the tax at source. A permanent mission can therefore on a voluntary basis decide to withhold the tax at source. Otherwise, the employee must mandatory contact the Tax Administration to declare his/her incomes and to pay the tax. The Website of the Geneva Tax Administration contains useful information on the taxation at the source (only the French version is available).
Disputes at work
In the event of a dispute at work, the parties may request intervention from the Office of the Amiable Compositeur, created in 1995 by the Council of State of the Republic and canton of Geneva. This is an independent body, whose services are free of charge and whose purpose is to resolve conflicts in the workplace which may involve persons who enjoy privileges and immunities. With the agreement of the parties concerned, the Office of the Amiable Compositeur will attempt to reach a settlement acceptable to both sides so that the dispute is not referred to a Swiss court.
The Swiss Mission encourages employers and employees to make use of the services of the "Amiables Compositeurs" to resolve such disputes or for advice on matters in the area of working relations.
