Employment Law in Daycare: CLA, Wages & Working Conditions

Employment Law in Daycare: CLA, Wages & Working Conditions

As a daycare manager or operator, you are not only responsible for pedagogical quality but also for ensuring that your team is employed fairly and in compliance with the law. Swiss employment law provides the framework — but in the childcare sector, there are additional collective labour agreements (CLA), cantonal regulations, and industry-specific particularities that you need to know.

This guide gives you a comprehensive overview of everything you need to know as an employer in childcare: from wages and working hours to holidays and maternity protection, through to termination and continuing education. So that you're legally on the safe side while also being an attractive employer.

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Legal Foundations: CO, Employment Act and CLA

Employment law in Switzerland is based on several pieces of legislation that together form the framework for the employment relationship.

Code of Obligations (CO)

The CO governs the fundamentals of the individual employment contract (Art. 319–362 CO). Here you'll find the provisions on wage payment, notice periods, probationary period, holidays, continued payment of wages in case of illness, and much more. The CO applies to all employment relationships in Switzerland.

Employment Act (ArG)

The Employment Act regulates health protection in the workplace, working and rest hours, protection of young workers, and maternity protection. It applies in principle to all businesses — including daycares.

Collective Labour Agreements (CLA) in Childcare

A CLA is an agreement between employer associations and trade unions that sets minimum standards going beyond the CO. In childcare, there are several relevant CLAs:

CLA	Scope	Contracting parties
CLA Childcare City of Zurich	Subsidised daycares in the City of Zurich	City of Zurich, VPOD, Employees Switzerland
CLA Childcare Canton of Zurich	Daycares with service agreements in Canton ZH	Social partners Canton ZH
CLA Social Sector Bern	Social institutions in Canton of Bern	SozBe, VPOD
CCT petite enfance (Geneva)	Daycare centres in Geneva	GIAP, SIT, UNIA
CCT accueil de jour (Vaud)	Childcare facilities in Canton of Vaud	Contracting parties Vaud

Important: A CLA does not automatically apply to all daycares in a canton. It only applies if your organisation has joined the CLA, is a member of the employer association that concluded the CLA, or if the CLA has been declared generally binding by the canton. Check whether a CLA applies to your organisation — otherwise the minimum standards of the CO apply.

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Wages in Childcare

The wage question is a perennial issue in the sector. Wages in childcare are low by Swiss standards — despite the great responsibility and demanding work.

Indicative Wages by Function and Training

The following values are indicative figures based on CLA recommendations, kibesuisse guidelines, and wage surveys. Actual wages vary by canton, organisation, and professional experience.

Function	Training	Gross salary/month (13 salaries)	Gross salary/year
Intern (pre-internship FaBe)	No completed training	CHF 800–1,200	CHF 10,400–15,600
Apprentice FaBe (1st year)	In training	CHF 750–850	CHF 9,750–11,050
Apprentice FaBe (3rd year)	In training	CHF 1,100–1,300	CHF 14,300–16,900
Carer without specialist training	None	CHF 3,800–4,500	CHF 49,400–58,500
Childcare Specialist (FaBe EFZ)	EFZ	CHF 4,600–5,400	CHF 59,800–70,200
Group leader	FaBe EFZ + experience	CHF 5,200–6,000	CHF 67,600–78,000
Daycare manager (small daycare)	HF Early Childhood Education or equiv.	CHF 6,000–7,000	CHF 78,000–91,000
Daycare manager (large daycare)	HF + management experience	CHF 7,000–8,500	CHF 91,000–110,500

Employer Social Contributions

In addition to the gross salary, you need to budget the following employer contributions:

Social insurance	Employer share
AHV/IV/EO	5.3%
ALV (Unemployment insurance)	1.1%
BVG (Pension fund)	Min. 50% of contributions (age-dependent)
UVG Occupational accident	100% (approx. 0.5–2%)
UVG Non-occupational accident	Approx. 1–2% (can be passed on to employee)
KTG (Daily sickness allowance)	50% or 100% (depending on contract)
FAK (Family compensation fund)	1–3% (varies by canton)
Total social contributions	Approx. 15–20%

So budget an additional 15 to 20 percent on top of gross salaries. For a daycare with annual personnel costs of CHF 500,000 gross, that means social contributions of CHF 75,000 to CHF 100,000.

More on personnel planning and cost structure in the guide Leading a Team in Daycare.

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Working Hours and Breaks

Maximum Weekly Working Hours

The Employment Act sets the maximum weekly working hours. For daycare staff, the 45-hour week (industrial operations and certain service operations) or the 50-hour week (other operations) generally applies. Most CLAs in childcare provide for a lower weekly working time of 40 to 42 hours.

Break Regulations

Working time per day	Minimum break
More than 5.5 hours	15 minutes
More than 7 hours	30 minutes
More than 9 hours	60 minutes

Breaks of more than 30 minutes may be split. Important: If the carer cannot leave the workplace during the break (e.g. because they must supervise the children), the break counts as working time and must be paid.

Overtime and Excess Hours

Overtime occurs when employees work beyond the contractually agreed working hours (e.g. 43 instead of 42 hours). Excess hours occur when the legal maximum working hours are exceeded. Excess hours must be compensated with a 25 percent surcharge — either in money or time off. Overtime can be compensated with time off of equal duration under the CO if both parties agree.

Practical tip: Maintain clean time tracking. In daycares, informal overtime often occurs — a brief parent conversation after hours, a team meeting in the evening, preparation work at home. Record everything transparently and ensure timely compensation. This prevents frustration and legal problems.

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Holiday Entitlement and Public Holidays

Minimum Legal Holiday Entitlement (CO)

Age	Holiday entitlement per year
Up to 20 years	5 weeks (25 working days)
From 20 years	4 weeks (20 working days)

CLA Provisions (Often More Generous)

Many CLAs in childcare grant more holidays than the legal minimum:

CLA / Recommendation	Holiday entitlement
CLA City of Zurich	5 weeks (up to 49 years), 6 weeks (from 50 years)
kibesuisse recommendation	5 weeks
Many daycares voluntarily	5 weeks for all, 6 weeks from 50

Company Holidays

Many daycares close between Christmas and New Year and for 1 to 2 weeks in summer. These company holidays must be communicated well in advance (at least 3 months according to the CO) and are deducted from employees' holiday entitlement. Ensure that enough holiday days remain for individual holidays.

Public Holidays

Swiss National Day (1 August) is the only nationwide uniform paid public holiday. All other public holidays are regulated by canton. In most cantons, there are 8 to 10 paid public holidays per year. Clarify in the employment contract which public holidays count as paid days off.

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Maternity Protection and Parental Leave

Maternity Leave

Since 2005, mothers in Switzerland have been entitled to at least 14 weeks of maternity leave at 80 percent of salary (maximum CHF 220/day). The entitlement begins on the day of birth. A protection against dismissal applies throughout the pregnancy and 16 weeks after birth.

Paternity Leave

Since 2021, fathers have been entitled to 2 weeks of paternity leave (10 working days) at 80 percent of salary. The days must be taken within 6 months after the birth.

Protective Provisions During Pregnancy

Special protective provisions apply to pregnant employees in daycares:

• No work between 8pm and 6am from the 8th week of pregnancy
• No lifting heavy loads (max. 5 kg regularly, max. 10 kg occasionally)
• No exposure to infectious diseases without adequate immune protection
• From the 6th month, maximum 4 hours of standing work per day
• In case of incapacity to work due to pregnancy: continued payment of wages under CO Art. 324a

Practical tip: In daycares, contact with infectious diseases (measles, rubella, parvovirus, cytomegalovirus) is a real risk. Have the immune status of the pregnant employee checked immediately and take protective measures. In case of doubt, a work ban (with continued salary) is the safest solution.

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Continued Payment of Wages in Case of Illness and Accident

Illness

The CO provides for modest continued payment of wages in case of illness: a minimum of 3 weeks in the 1st year of service, then a "reasonably longer period" (the Bern, Basel, and Zurich scales serve as guidance). In practice, most daycares take out a daily sickness allowance insurance (KTG) that pays 80 percent of salary for 720 days (2 years).

Model	Benefit	Employer share of premium
CO minimum (without KTG)	3 weeks–months (depending on year of service)	–
KTG insurance (standard)	80% salary for 720 days	50% or 100%

Accident

Occupational accidents are covered by the mandatory UVG insurance (100% employer contribution). Non-occupational accidents are also covered under the UVG for employment of 8 or more hours/week. The UVG pays 80 percent of the insured salary from the 3rd day.

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Termination and Protection Against Dismissal

Notice Periods (CO)

Year of service	Notice period
Probation (1st month)	7 days
1st year of service	1 month (at end of a month)
2nd–9th year of service	2 months
From 10th year of service	3 months

CLAs may provide for longer periods. The employment contract can stipulate longer (but not shorter) periods.

Protection Against Dismissal (Blocking Periods)

A termination by the employer is void if given during a blocking period:

• Illness/Accident: 30 days in the 1st year of service, 90 days from the 2nd to 5th year, 180 days from the 6th year
• Pregnancy and 16 weeks after birth
• Military service: During service and 4 weeks before and after

Wrongful Dismissal

A dismissal is wrongful if it is based on a prohibited ground — e.g. trade union membership, gender, age, or because the employee asserted a right. In cases of wrongful dismissal, compensation of up to 6 months' salary may be awarded.

Immediate Dismissal

Immediate dismissal is only permissible for a "serious reason" (CO Art. 337). In a daycare context, examples include: violence against children, serious breach of trust, theft, or repeated refusal to work despite warning. Always document incidents carefully and seek legal advice if in doubt.

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Continuing Education and Study Leave

Obligation for Continuing Education

In many cantons and CLAs, regular continuing education for daycare staff is required. Typical provisions:

• kibesuisse recommends at least 2 to 3 continuing education days per year per person
• CLA City of Zurich: 5 paid continuing education days per year
• QualiKita label: Regular continuing education as a quality criterion

Cost Coverage

Who bears the costs for continuing education depends on the employment contract and CLA. Common models include:

Model	Description
Employer pays everything	Course costs and working time are fully covered
Cost sharing	Employer pays course costs, employee invests free time
Repayment clause	If resignation occurs within 1 to 2 years, costs must be partially repaid

Recommendation: Invest in your team's continuing education. It increases quality, boosts satisfaction, and helps you retain skilled staff. In times of staff shortages, this is a decisive advantage.

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Interns and Apprentices

Pre-Internship

Many daycares employ interns who are completing a pre-internship for the FaBe apprenticeship. Note:

• An internship may last a maximum of 12 months
• Interns may not be counted as full carers in the staff-to-child ratio
• Internship pay is typically CHF 800 to 1,200 per month
• Interns also need a written contract with learning objectives

FaBe Apprenticeship

The training to become a Childcare Specialist (FaBe EFZ) lasts 3 years. As a training organisation, you have special duties:

• Provide a vocational trainer with the appropriate qualifications
• Follow the training plan and maintain learning documentation
• Apprentices may only work under supervision (especially in the 1st year)
• Apprentice wages are recommended by cantons (not mandatory)

More on the various training paths in the guide Training Paths in Childcare.

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Common Mistakes in Daycare Employment Law

1. No Written Employment Contract

The CO does not require a written contract — but without a written contract, there is no basis for evidence in disputes. Always create a written employment contract with clear provisions on salary, working hours, holidays, notice period, and expenses.

2. Overtime Not Recorded

If overtime is not recorded, employees can claim it retrospectively — with surcharge. Introduce a binding time tracking system.

3. Probationary Period Handled Incorrectly

The legal probationary period is 1 month (can be extended contractually to a maximum of 3 months). During the probationary period, a notice period of 7 days applies. Many employers forget to stipulate the extended probationary period in the contract — then only 1 month applies automatically.

4. Pregnancy Not Handled Properly

The protective provisions for pregnant employees in daycares are strict. Inform yourself early about your obligations and create a protection plan.

5. CLA Obligations Overlooked

If a CLA applies to your organisation, its provisions are mandatory — even if the individual employment contract says otherwise. The more favourable rule for the employee takes precedence.

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Checklist: Employment Law in Daycare

• Written employment contracts for all staff (including interns and apprentices)
• Check whether a CLA applies to the organisation and comply with its provisions
• Introduce time tracking (overtime, breaks, public holidays)
• Budget social contributions correctly (15 to 20 percent surcharge)
• Take out daily sickness allowance insurance
• Take out UVG insurance for occupational and non-occupational accidents
• Stipulate continuing education and cost coverage rules in the contract
• Communicate company holidays at least 3 months in advance
• Create a protection plan for pregnant employees
• Regularly renew criminal record extracts and special private extracts

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Conclusion: Good Employment Law Is Good Leadership

Employment law in daycare is not a dry obligation — it is the foundation for fair and professional collaboration. Those who know and follow the rules build trust in the team, avoid costly legal disputes, and position themselves as an attractive employer in a market that desperately needs skilled professionals.

The key points:

1. Check whether a CLA applies — it sets binding minimum standards
2. Pay fair wages — orient yourself to the indicative wages in your region
3. Track working hours cleanly — this protects you and your team
4. Invest in continuing education — it pays off in the long run
5. Document everything — written contracts and agreements are worth gold in case of dispute

Looking for qualified professionals for your team? On kizi.ch for providers you can reach parents in your region and strengthen your visibility as a professional childcare provider.

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Sources: Swiss Code of Obligations (CO Art. 319–362), Employment Act (ArG), kibesuisse — Swiss Childcare Association, VPOD — Swiss Federation of Public Service Personnel, SECO — State Secretariat for Economic Affairs, cantonal CLA texts. As of: February 2026.