Legal myth
Bogus self-employment: why 'she's self-employed' won't protect you
Bogus self-employment means: self-employed on paper, an employee in reality. If your cleaner sends invoices, has a business licence or a UID number, the AHV still looks at how the work is actually done. Here is what it checks, who pays if she is reclassified, and what you do today.
In most cases you still have to register her. If she cleans in your home, at your times and without any business risk of her own, she is your employee for the AHV, even with invoices, a business licence or a UID number. The compensation office decides case by case, on the actual circumstances.
- If the office later reclassifies her as an employee, you pay both halves of the contributions, as a rule up to 5 years back, plus 5 % default interest (Art. 14 and 16 AHVG).
- If she is registered with her office as self-employed, ask to see the confirmation, specifically for cleaning in private households: recognition applies per activity.
- Without that confirmation, register her from now on and put the past in order.
The general question, with a 6-question test, is answered in our guide «Self-employed or employed?». This page covers the case where she already presents herself as self-employed.
The 5 Myths
Click a myth to see the legal truth:
What the AHV Checks: Four Criteria
The AHV checks four features: who gives the instructions, whether she works in your home with your equipment, whether she bears any business risk and whether she has to come in person. What each one means in practice is explained in our guide «Self-employed or employed?». For a cleaner who comes every week, the law even says it word for word:
Legal basis
«An individual employment contract also includes a contract whereby an employee undertakes to work regularly in the service of the employer by the hour, half-day or day (part-time work).»
Art. 319 para. 2 CO
If these criteria apply, she is your employee, whatever the invoice says. The genuine exception: a cleaning company sends you one of its employees. Then you are a client, and the company settles the contributions.
Not sure this applies to your specific situation? Our employment status checker gives you the answer in a few minutes.
Consequences If You're Inspected
If the compensation office later reclassifies your cleaner as an employee, for example after an inspection or an accident, the bill goes to you as the employer:
The office claims both halves of the AHV/IV/EO and ALV contributions from you, including the share you never deducted from her wage (Art. 14 AHVG), as a rule up to 5 years back, 7 after a criminal offence (Art. 16 AHVG). On top comes 5 % default interest per year. What that adds up to for your household is worked out by the risk calculator for unregistered cleaners.
UVG substitute premiums
What Courts Say
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.
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
First the confirmation, then the registration. Registered properly, it costs you 6.4 % of the gross wage for AHV/IV/EO and ALV, plus family allowances and admin costs depending on the canton. You'll find the steps in the registration guide. If you have been paying on invoice so far, first read how to put that right from now on.
Ask for the office's confirmation
Ask her for her compensation office's confirmation that she is recognised as self-employed for cleaning in private households. If she has it, keep a copy. A business licence, UID number or invoice does not replace it.
Use the simplified procedure
Without the confirmation, register her with the compensation office of your home canton. AHV, IV, EO, ALV and source tax run through one deduction there.
Create employment contract
Hourly rate, working hours, holidays (min. 4 weeks), notice period. Free templates at Clino.
Take out accident insurance
Occupational accident cover is always mandatory, regardless of hours worked. From 8 hours a week, non-occupational accident cover is added.
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.
Ask instead of guessing: the confirmation
Maria
online
Shall I send you an invoice again? I do have a business licence.
17:02Thanks, Maria. Do you have a confirmation from your compensation office that you are recognised as self-employed for cleaning in private households?
17:20No, I don't have anything like that.
17:24Then I'll register you properly with us from next month. That way you're covered for accidents and social insurance, and it's done cleanly for both of us.
17:31Sources & further information
- 1CO Art. 319 - Definition of employment contract - fedlex.admin.ch
- 2FSIO - AHV contribution rates & obligations - bsv.admin.ch
- 3AHV Information Centre - Social insurance for household workers - ahv-iv.ch
- 4SECO - Employment law - seco.admin.ch
- 5SVA Zürich - Self-employed persons: recognition per activity - svazurich.ch
- 6AHVG Art. 14 and 16 - Collection and back-claims of contributions - fedlex.admin.ch
End bogus self-employment
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