Author: Federal Council / news.admin.ch
Source: https://www.news.admin.ch/de/newnsb/EhfmIRKfTURYTdxhpevfz
Publication Date: 5 December 2025
Reading Time: approx. 4 minutes
Executive Summary
The Federal Council rejects the expansion of the Labour Law to directly employed elderly caregivers in private households. Justification: affected employees are already sufficiently protected through the Code of Obligations (CO) and sector minimum wages; competitive distortion between personnel leasing companies and households does not exist. However, the decision ignores the structural protection gap for directly employed commuter migrant workers.
Critical Key Questions
Freedom & Responsibility: Why does the state protect employees in personnel leasing more strongly than those in direct employment – even though both perform the same work?
Transparency: What factual differences in working conditions (rest periods, breaks, workload) exist between the two employment forms – and have these been empirically investigated?
Innovation & Fairness: Does the two-tier regulation not create a systematic incentive to employ caregivers directly (and thus less regulated) rather than through leasing companies?
Scenario Analysis: Future Perspectives
| Time Horizon | Expected Development |
|---|---|
| Short-term (1 year) | Status quo remains. Personnel leasing companies benefit from regulatory advantage; direct employment becomes more attractive for households. |
| Medium-term (5 years) | Further shift towards direct employment; potential labour law disputes due to unequal treatment. |
| Long-term (10–20 years) | Political pressure increases; EU harmonization could force Switzerland to make adjustments. |
Main Summary
Core Topic & Context
On 5 December 2025, the Federal Council decided not to expand the Labour Law to elderly caregivers directly employed by private households. Background: a parliamentary initiative (motion 22.3273 by Samira Marti) called for protective standards for this group, as the Federal Court had decided in 2021 that caregivers employed through personnel leasing companies already fall under the Labour Law.
Key Facts & Figures
- Personnel leasing caregivers: subject to Labour Law (since Federal Court decision 2021)
- Directly employed caregivers: not subject to Labour Law
- Protective instruments for the latter: Code of Obligations + NAV household economy minimum wage
- ⚠️ No empirical data provided on factual working conditions or wage differences
Stakeholders & Affected Parties
- Commuter migrant workers (elderly caregivers): directly employed continue to experience lack of working time regulation
- Private households: lower compliance requirements with direct employment
- Personnel leasing companies: retain competitive disadvantage due to stricter regulation
- Cantons: enforcement under CO falls within their jurisdiction
Opportunities & Risks
| Opportunities | Risks |
|---|---|
| Private sector flexibility remains intact | Protection gap in working time regulations and rest periods |
| Simplified administration for households | Social dumping potential with direct employment |
| Cost control for families | Legal discrimination in identical work |
| Undermining of labour protection principle |
Relevance for Action
For decision-makers:
- Parliamentary pressure will grow if media reports on working conditions emerge
- A differentiated analysis of factual differences (24-hour care vs. part-time) is required
- Spitex regulation (report of 15 October 2025) must be monitored in parallel
For employees:
- Direct employment remains cheaper, but legally riskier
- CO protection is limited and requires legal enforcement
Quality Assurance & Fact-Check
- [x] Central statements verified (Federal Court decision 2021, motion 22.3273 Marti)
- [x] Data marked with ⚠️ (missing empirical working conditions data)
- [x] Transparency obstacles identified (no competitive analysis details published)
- [x] Bias recognized: report justifies status quo without including opposing perspectives
Additional Research
- Federal Court judgment 2021: landmark decision on Labour Law application to personnel leasing companies
- NAV Household Economy: sector minimum wage and scope of regulations for domestic workers
- Spitex Report (15 October 2025): regulation of family carers in the context of health insurance
Bibliography
Primary Source:
Federal Council press release: Labour Law – Expansion to private households (5 December 2025)
Supplementary Sources:
- Competitive Distortion – clarus.news Research
- Spitex Regulation – clarus.news Analysis
- Federal Court decision (December 2021) on Labour Law applicability to personnel leasing
Verification Status: ✓ Facts checked on 5 December 2025
This text was created with the support of Claude 3.5 Sonnet.
Editorial responsibility: clarus.news | Fact-checking: 5 December 2025