NAV — Standard Employment Contract
A NAV (Normalarbeitsvertrag) is a standard employment contract template mandated or recommended at canton level in Switzerland. It sets minimum terms for wages, working hours, notice periods, and job duties. Your canton's social insurance office or employer association publishes the current version; using it protects you from disputes and shows good faith compliance with local labour norms.
The NAV is not Swiss federal law—it is a canton-level instrument. Each canton (Zurich, Bern, Geneva, etc.) publishes its own NAV template, usually via the cantonal labour office or a chamber of commerce. Some cantons treat it as binding; others as best practice. NAVs exist for different sectors: retail, gastronomy, healthcare, construction.
As an employer, you are not always legally required to use the NAV word-for-word, but deviating from it—especially downward on wages or upward on hours—invites scrutiny. The ArG (Arbeitsgesetz, federal labour law) sets absolute floors; the NAV typically reflects what is standard and fair in your canton for that role.
When the NAV Applies to You
If your canton publishes a NAV for your sector (say, you run a restaurant in Valais, or a retail shop in Basle-Stadt), it is the reference document for your industry in that region. Most NAVs cover: gross monthly or hourly wage, Pensum percentage, annual leave days, public holidays, notice periods, and grounds for termination.
The NAV is enforceable if a collective labour agreement (GAV) exists for your sector—then it is binding. Even without a GAV, labour courts treat the NAV as evidence of what 'normal' looks like. Ignoring it is legal risk, especially if a dispute lands in court or at a RAV/ORP (unemployment office).
- Check your canton's labour office (Amt für Wirtschaft, Office du travail, etc.) for the current NAV in your sector.
- The NAV typically specifies minimum gross monthly wage and maximum weekly Pensum hours (e.g., 42 hours/week).
- Notice periods in the NAV are usually 1–3 months, depending on role and seniority.
- If a GAV (Gesamtarbeitsvertrag) exists in your industry, the NAV minimum often feeds into it.
- Part-time roles must still reference the NAV—pro-rata wages and hours apply.
- The NAV does not cover benefits like a 13. Monatslohn unless your canton's version specifies it.
Your Obligation as an Employer
You must provide a written contract to every employee—this is ArG law. Using your canton's NAV as a baseline for that contract is the clearest way to comply. At minimum, the contract must state job title, wage (gross, frequency), Pensum, notice period, and any special conditions (e.g., probation, travel, Quellensteuer if applicable).
If you deviate from the NAV, document your reasoning and ensure the deviation is to the employee's benefit (higher wage, more leave, better terms). If you depart downward, have a lawyer review it—you risk claims at termination or via the RAV/ORP.
- Issue a signed employment contract within the first week; reference the applicable NAV by name and date.
- Wages must be at or above the NAV minimum for the role; anything less is likely unenforceable.
- Document any agreed variation (e.g., flexible hours, remote work) in the contract, not verbally.
- Update contracts if the NAV changes (cantons revise every few years); inform staff of changes in writing.
- For Quellensteuer withholding (non-residents), the NAV wage determines the tax base.
- Keep a copy of the NAV version you used with each employee file—it proves due diligence if a dispute arises.
Most Common Mistake
The single biggest error is not using the NAV at all, or using an outdated version. Many SME founders draft their own contract from a template, ignore the NAV, and later discover their wage or notice period is below cantonal standard. When an employee is laid off or contests a termination, the RAV/ORP or a labour court compares the contract to the NAV. If your contract falls short, you lose credibility and may owe back wages or damages.
The second mistake is assuming the NAV is optional. Even in cantons where it is not formally binding, a judge will ask: 'What does the NAV say for this role?' If you cannot justify why your contract differs, you are liable. Update your template each time your canton revises the NAV—usually every 2–3 years.
- Do not copy a contract from another canton or sector; it will not match your local NAV.
- Do not assume your verbal agreement counts as a contract; ArG requires written terms.
- Do not pay below the NAV wage and expect to 'make it up later'—back pay claims accumulate interest.
- Do not ignore revisions: cantons post updated NAVs; subscribe to your cantonal labour office newsletter.
- Do not forget to have each employee sign and receive a copy of the contract and the applicable NAV.
- Do not rely on a GAV without checking if the NAV is the baseline—sometimes the GAV improves on the NAV.
Frequently asked questions
- Is the NAV legally binding in my canton?
- It depends. If a collective labour agreement (GAV) exists for your sector, the NAV is binding or forms its basis. If no GAV exists, the NAV is a strong reference standard; labour courts treat deviations as suspect. Ask your canton's labour office or an employer association in your sector for certainty.
- Can I pay less than the NAV wage if the employee agrees?
- No. Swiss labour law (ArG) treats wages below the NAV as unenforceable, even with consent. The NAV minimum is a legal floor, not a negotiable starting point. If you wish to pay differently, consult a lawyer—there are rare exceptions, but they require documentation and justification.
- Where do I find the current NAV for my sector and canton?
- Contact your cantonal labour office (Amt für Wirtschaft, Office du travail, etc.) or your local employer association (e.g., Zurich Chamber of Commerce). Most post NAVs online; some also maintain sector-specific templates. Ask for the version date so you know it is current.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.