Legal myth

Bogus Self-Employment: Why 'She's Self-Employed' Won't Protect You

The most common misconception in Swiss households: 'My cleaner is self-employed, so I don't need to register her.' Wrong. Completely wrong. The law is clear - and the consequences are expensive.

The verdict is clear

Cleaning work in private households is ALWAYS an employment relationship in Switzerland. No exception. No loophole. Every household is an employer.

In short

Your cleaner cannot legally be self-employed: cleaning work in a private household always counts as employment in Switzerland, and you are the employer.

A business registration, invoices or multiple households change nothing (Art. 319 CO).
If inspected: up to 5 years of back-payments, 5% interest, fines up to CHF 10,000.
Proper registration takes 10 minutes and costs about 6.5% employer share.

How to register correctly

The 5 Myths

Click a myth to see the legal truth:

Why is Cleaning Work ALWAYS an Employment Relationship?

The Federal Supreme Court and AHV offices use four criteria:

Right to give instructions

You determine when cleaning is done, which rooms, with which materials. → Employment.

Organisational integration

Work takes place in your home, with your equipment and cleaning products. → Employment.

No entrepreneurial risk

Your cleaner invests nothing, bears no loss risk, has no own infrastructure. → Employment.

Personal work obligation

She can't just send someone else. You expect HER to come. → Employment.

All four criteria clearly show: household cleaning = employment relationship. Without exception.

Legal basis

«By means of an individual employment contract, the employee undertakes to work in the service of the employer for a definite or indefinite period of time.»

Art. 319 para. 1 CO

Clarifying: employee, not 'self-employed'

Maria

online

Should I write you an invoice? I thought I was self-employed.

17:02

I thought so too for a long time, Maria, but since you only clean regularly for us, you're legally considered an employee. So I'll register you properly, and then you're covered for accidents and social insurance. For you it's the safe option.

17:20

Ah, good to know. Thanks for doing it right!

17:24

Message

Consequences If You're Inspected

When the AHV compensation office or labour inspectorate checks - and this happens more often than you think:

up to CHF 10,000

Fines under BGSA

Up to 5 years

AHV back-payments

5% p.a.

Default interest

Unlimited

Liability without UVG

As employer, you must pay back BOTH shares of AHV/IV/EO contributions - your share AND the employee share you never deducted. Plus 5% annual default interest.

Liability without UVG

If an accident happens without UVG insurance, you're personally liable for all costs: doctor, hospital, rehabilitation, potentially a lifelong disability pension.

What Courts Say

Federal Supreme Court BGE 122 V 169

In this case, the Federal Supreme Court ruled that switchboard operators ('telephone hostesses') at a Zug telekiosk were dependent employees, not self-employed - what counts are the actual circumstances, not the contractual label. The same distinction criteria apply to cleaners in private households.

Federal Supreme Court - established case law

Even if a cleaner has registered her own company, established Federal Supreme Court case law treats the relationship as dependent employment once the actual circumstances (subordination, no entrepreneurial risk) show it. The contractual or business-registration label is not decisive.

What You Should Do Instead

The good news: proper registration takes 10 minutes and costs you about 6.5% employer share on gross salary.

Use the simplified procedure

One form at the AHV compensation office. AHV, IV, EO, ALV and withholding tax - all in one deduction.

Create employment contract

Hourly rate, working hours, holidays (min. 4 weeks), notice period. Free templates at Clino.

Take out accident insurance

Occupational accident cover (BU) is always mandatory, regardless of hours worked. Non-occupational accident cover (NBU) is added from 8 hours/week. Cost: approx. CHF 100-200 per year.

Process monthly payroll

Payslip with social insurance deductions. Clino prepares it for you, step by step.

Not sure what hourly wage to put in the contract? Our fair wage guide gives you a realistic range.

Sources & further information

1CO Art. 319 - Definition of employment contract - www.fedlex.admin.ch/eli/cc/27/317_321_377/de
2FSIO - AHV contribution rates & obligations - www.bsv.admin.ch/bsv/de/home/sozialversicherungen/ahv/grundlagen-gesetze/ahv-beitragssaetze.html
3AHV Information Centre - Social insurance for household workers - www.ahv-iv.ch/de/
4SECO - Employment law - www.seco.admin.ch/seco/de/home/Arbeit/Personenfreizugigkeit_Arbeitsbeziehungen/Arbeitsrecht.html

End bogus self-employment

Clino registers your household help correctly - payroll, contract, social insurance. Done in 10 minutes.

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Frequently Asked Questions

Can my cleaner really not be self-employed?

No. Cleaning work in private households meets all criteria of an employment relationship: subordination, organisational integration, no entrepreneurial risk. Even with a business registration or company, it remains employment.

What if she sends me an invoice?

The invoice format doesn't change the legal classification. The AHV office examines actual circumstances, not document formats. An invoice doesn't turn an employment into a service contract.

How much are the back-payments if inspected?

You must pay back both shares of AHV/IV/EO contributions for up to 5 years, plus 5% annual default interest, plus a fine of up to CHF 10,000 under BGSA.

How would AHV know I have a cleaner?

Inspections are often triggered by accidents: your cleaner gets hurt and goes to the doctor. Or a neighbour reports something. Undeclared employment also surfaces during divorce or tax audits.

Does this apply for just 2 hours per week?

Yes - even more so: there's no minimum threshold for adult employees, AHV obligations start from the very first franc of salary. Weekly hours aren't the criterion.