Rs 836.1 Federal Law Of June 20, 1952 On Family Allowances In Agriculture (Lfa)

Original Language Title: RS 836.1 Loi fédérale du 20 juin 1952 sur les allocations familiales dans l’agriculture (LFA)

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836.1 Federal law on family allowances in agriculture (LFA) of June 20, 1952 (status on June 1, 2009) the Federal Assembly of the Swiss Confederation, view the art. 31, al. 3, let. b, and 64 of the constitution, given the message of the federal Council of February 15, 1952, stop: I.applicabilite of the art of the LPGA. 1. the provisions of the Federal law of 6 October 2000 on the general part of the law of social insurance (LPGA) apply to allowances in agriculture, unless this Act derogates specifically from LPGA.

RS 830.1 AI. Family allowances 1. Family benefits to agricultural workers art. 1aAllocataires individuals who, as employees, are occupied against compensation in the business of farming are entitled to family allowances for agricultural workers.
Of the holder's family members who work in the operation also entitled to family allowances, with the exception: a. the operator direct, bottom-up or top-down online parents; b. the daughters-in-law of the operator, which, in all likelihood, will resume the company to use it personally or sons-in-law.

Agricultural workers are entitled to the household allowance only if they are staying in Switzerland with their families (art. 13, para. 2, LPGA). Granting the child allowance and the allocation of vocational training, in favour of children living abroad is set in accordance with art. 4, al. 3, of the Act of March 24, 2006 on family allowances (Act).
The federal Council regulations specifying the concepts of farm and farm worker.

Introduced by section 15 of the annex to the Federal ACT of 6 October. 2000 on the general part of the social insurance law, in force since Jan. 1. 2003 (RS 830.1).
RS RS 836.2 830.1 new content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).

Art. 2 types of benefits and allowances paid to farm workers amounts consist of a household allowance, a child allowance and an allowance of vocational training within the meaning of art. 3, al. 1, Famzg.
The household allowance is 100 francs a month.
The child allowance and the vocational training allowance amounts correspond to the minimum amounts laid down in art. 5, al. 1 and 2, Act; they are however superiors of 20 francs in mountain areas.


New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).
RS 836.2 new content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).
New content according to chapter I of the Federal ACT of 14 Dec. 1973, in force since April 1, 1974 (RO 1974 689; 1973 I 1370 FF).
New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2; 2008 6255 RO).
Introduced by chapter I of the Federal ACT of 16 Dec. 1983 (1984 350 RO; FF IV 213 1983). Repealed by no. 2 of the annex to the Act of March 24, 2006 on family allowances, with effect from Jan 1. 2009 (RS 836.2).

Art. 3 allocation of household can claim a household allowance: a. workers who are living together with their spouse or their children; b. workers who live in community home with the employer and whose spouse or children have their own household, at the expense of which the worker must provide; c. workers who, with their spouse or their children live in domestic community with the employer.

If both spouses have the quality of farm workers, is granted only a single allocation of household who returns, by half, to each of them. Both amounts are, generally speaking, paid at the same time. The momentary absence of spouse or children does not affect the right to the allowance.
Widowed farm workers without children are entitled to the allowance as long as after the death of their spouse they maintain their household, but not more than one year.
The right to the allocation of household exists from the first day of the month in which takes place the household layout. It expires at the end of the month in which the household is dissolved.

New content according to chapter I of the Federal ACT of 14 Dec. 1979, in force since April 1, 1980 (RO 1980 276 280; FF 1979 II 737).
New content according to chapter I of the Federal ACT of 16 Dec. 1983, in force since April 1, 1984 (RO 1984 350 352; FF IV 213 1983).

Art. 4Droit to family allowances in case of commitment on a permanent basis, only the full allowances are paid. A right to benefits the person who pays the AHV contributions on a annual income from gainful activity and corresponding at least to half of the annual amount of the minimum full pension from the OASI.

New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).

Art. 4aPaiement of a salary corresponding to the usual local rates allowances may be paid only if the wage paid by the employer at least matches the usual local rates for agricultural workers.

Introduced by section 2 of the schedule to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).

2. family allowances to self-employed farmers art. 5Allocataires are entitled to family allowances for self-employed farmers operators exercising an agricultural activity as principal or accessory and operators of pastures.
The federal Council defines the concepts of operator engaged in farming as a main or secondary activity and operator of mountain pastures.

New content according to chapter I of the Federal ACT of 5 October. 2007, in force since Jan. 1. 2008 (RO 2008 323 324; FF 2006 6027).

Art. 6delimitation of the mountain region the allocation of farms to the mountain region is governed by the provisions on the cadastre of the agricultural production.

New content according to section 114 of the annex to the law of 17 June 2005 on the Administrative Tribunal federal, in force since Jan. 1. 2007 (RS 173.32).

Art. 7Genres of benefits and amounts paid to self-employed farmers family allowances consist of the child allowance and the allocation of vocational training within the meaning of art. 3, al. 1, Famzg. The amounts of these allowances correspond to those laid down in art. 5, al. 1 and 2, Act; they are however superiors of 20 francs in mountain areas.

New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2; 2008 6255 RO).
RS 836.2 art. 8 compensation due allowances to self-employed farmers can be compensated with the contributions and contributions that they have under the Federal Act of 20 December 1946 on old-age insurance and survivors (LAVS) and art. 18 of this Act.

RS 831.10 3. Provisions art. 9Allocation for children and vocational training allowance are entitled to the allowances provided for in art. 3, al. 1, which the children referred to in art. 4, al. 1, of this Act.
The following provisions of the Act are applicable by analogy, even if they deviate from the LPGA: a. art. 6 (prohibition of cumulation); (b) art. 7 (rights competition); c. art. 8 (family allowances and maintenance contribution); d. art. 9 (payment to third parties); e. art. 10 (seizure).

New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).
RS 836.2 RS 830.1 art. Simultaneous 10Exercice of a lucrative business as a farm worker and independent farmer farm workers, self-employed farmers and operators of pastures not entitled to the allowances under this Act insofar as they are not getting any other allowances of the same kind for the same child. No one can receive simultaneous allowances as a farm worker, independent farmer or operator of Alpine. The federal Council shall regulate the modalities of this contest of rights.
If self-employed farmers exercising their activity principally temporarily operate a farm workers, they choose for this period one of the two kinds of allowance.
Self-employed farmers who carry on business incidentally and operators of pastures not entitled to family allowances for the time they spend on exploitation of their agricultural field and the pasture.
The right to family allowances is maintained during the maternity leave in the meaning of art. 329f CO.

New content according to chapter I of the Federal ACT of 14 Dec. 1979, in force since April 1, 1980 (RO 1980 276 280; FF 1979 II 737).
New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).
New content according to chapter I of the Federal ACT of 5 October. 2007, in force since Jan. 1. 2008 (RO 2008 323 324; FF 2006 6027).
New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).

New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).
RS 220 introduced by section 4 of the annex to the Federal ACT of 3 October. 2003, in force since July 1, 2005 (RO 2005 1429 1437; FF 2002 6998, 2003 1032 2595).

Art. 11 and 12 repealed by section 15 of the annex to the Federal ACT of 6 October. 2000 on the general part of the law of social insurance (RS 830.1).

II. Organization art. 13 tasks of the compensation funds it is up to the cantonal compensation funds provided for in art. 61 LAVS (compensation funds) to determine and pay allowances, as also to collect contributions from employers in accordance with art. 18 RS 831.10 art. 14 exercise of the right to benefits; payment of allowances allowance applications must be submitted to the competent compensation fund.
In derogation from art. 19, al. 1, LPGA, family allowances are paid quarterly to self-employed farmers operating in main title and at the end of the year to self-employed farmers operating secondary and operators of mountain pastures.


RS 830.1 new content according to section 15 of the annex to the Federal ACT of 6 October. 2000 on the general part of the social insurance law, in force since Jan. 1. 2003 (RS 830.1).
Repealed by section 2 of the schedule to the Act of March 24, 2006 on family allowances, with effect from Jan 1. 2009 (RS 836.2).

Art. 15 rules of accounts and payments compensation funds will establish separate accounts for contributions of employers in agriculture and family allowances, and settle account with the Central old-age insurance and survivors compensation.
The LAVS provisions for the settlement of accounts and payments are applicable by analogy.

RS 831.10 art. 16 review of unions and employers unions revisions and any control controls expected employers to art. 68 LAVS will also focus on the execution of this Act.

RS 831.10 art. 17 repealed by no 15 of the annex to the Federal ACT of 6 October. 2000 on the general part of the law of social insurance (RS 830.1).

III. funding art. 18 family benefits to agricultural workers, agricultural employers must pay a contribution equal to 2% of wages in kind and in cash received their agricultural staff when a contribution is due on these wages in accordance with the LAVS.
Contributions to administrative costs provided for in art. 69 LAVS should also be taken from the contributions of employers, within the meaning of para. 1. the provisions of the LAVS, including exceptions to the LPGA, apply to the collection of contributions not paid.
The share of expenditures, including administration costs to the compensation funds for the payment of family allowances, which is not covered by contributions of employers is two thirds dependents of the Confederation and one-third that of the cantons. The cantons may involve municipalities in their subsidies.

RS 831.10 new content according to chapter I of the Federal ACT of 14 Dec. 1979, in force since April 1, 1980 (RO 1980 276 280; FF 1979 II 737).
RS 830.1 new content according to section 15 of the annex to the Federal ACT of 6 October. 2000 on the general part of the social insurance law, in force since Jan. 1. 2003 (RS 830.1).
New content according to chapter I of the Federal ACT of 20 Dec. 1957 (1958 189 RO; FF 1957 I 1045).

Art. Family 19Allocations to self-employed farmers spending resulting from the payment of family allowances to self-employed farmers, including compensation by this payment funds, administration costs are two-thirds dependents of the Confederation and one-third that of the cantons. The cantons may involve municipalities in their subsidies.

New content according to chapter I of the Federal ACT of 20 Dec. 1957 (1958 189 RO; FF 1957 I 1045).

Art. 20 reserve for the regime of agricultural workers and self-employed farmers family allowances a reserve for the regime of agricultural workers and self-employed farmers family allowances is constituted by one third of the Fund provided for in art. 1, al. 1, let. c, of the federal decree of March 24, 1947, Special Fund paid out of revenues of the central compensation fund.
The reserve is supplied by an annual payment set by the federal Council, but amounting to at least 4% of the amount at the start of the year.


[RS 5 851; 1954 578 RO. RO 2008 3455 c. I 14] new content according to chapter I of the Federal ACT of 10 October. 1969, in force since Jan. 1. 1970 (1970 73 74 RO; BBL 1969 I 1089).
Repealed by no II 27 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 5818 RO; FF 2005 5641) art. 21Contributions of the contributions of each canton townships are calculated according to the amount of the family allowances paid in the canton.
The federal Council declines the contributions of the cantons by using the payment referred to in art. 20, al. 2. new content according to the c. II 27 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 5818 RO; FF 2005 5641).

IV. litigation and criminal provisions art. 22particularites of litigation in derogation of art. 58, al. 1, LPGA, the Insurance Court is that of the canton where the compensation fund has its seat.
In derogation from art. 58, al. 2, LPGA, the federal administrative court knows appeals filed by people living abroad. The federal Council may provide that this jurisdiction is attributed to the Insurance Court of the canton in which the employer of the insured person has his domicile or seat. Art. 85, al. 2 and 3, LAVS is applicable by analogy.

New content according to section 15 of the annex to the Federal ACT of 6 October. 2000 on the general part of the social insurance law, in force since Jan. 1. 2003 (RS 830.1).
RS RS 831.10 830.1 new content according to section 114 of the annex to the law of 17 June 2005 on the Administrative Tribunal federal, in force since Jan. 1. 2007 (RS 173.32).

Art. 23 penal provisions art. 87 to 91 LAVS are applicable to people who violate the provisions of this Act in any of the ways described in these articles.

RS 831.10 V.Relation with European law VI. Provisions of implementation and final provisions art. 24Relation with the cantonal law in addition to this Act, the cantons may fix allowances higher as well as other types of family allowances; they can also collect special contributions for funding.

New content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).

Art. 25Application of the LAFamet of the LAVS if this Act and the LPGA does not resolve execution in a comprehensive way, the provisions of the Act and the LAVS are applicable by analogy.
Art. 49A LAVS applies by analogy to the processing of personal data; art. 50A LAVS, including its exemptions to LPGA, applies by analogy to the communication of data.
The responsibility for the damage caused by the organs of the AVS defined in art. 49 LAVS is governed by art. 78 LPGA and by the art. 52, 70, and 71 has LAVS.

New content according to chapter I of O of the SSA. fed. June 21, 2002, in force since Jan. 1. 2003 (RO 2002 3453 3470; FF 2002 763).
RS RS 831.10 836.2 new content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).
RS 830.1 new content according to point 2 of the annex to the Act of March 24, 2006 on family allowances, in effect since Jan. 1. 2009 (RS 836.2).

Art. 26 entry into force and execution this Act comes into force on January 1, 1953.
The federal Council is responsible for its enforcement; it enacts implementing provisions.

RO 1952 843 new content according to chapter I of the Federal ACT of 14 Dec. 1979, in force since April 1, 1980 (RO 1980 276 280; FF 1979 II 737). According to the same provision, the marginal titles have been replaced by median titles.
[1 3 RS; 1996 2502 RO]. The provisions mentioned are currently the art. 104 and 123 of the Constitution of 18 April 1999 (RS 101).
New content according to ch. I-11 of the Federal ACT of 8 October. 1999 on the Ac. between, on the one hand, Confederation Swiss and, on the other hand, the EC and its Member States on the free movement of persons, in force since June 1, 2002 (RO 2002 701 721; FF 1999 5440).
FF 1952 I 208 new content according to section 15 of the annex to the Federal ACT of 6 October. 2000 on the general part of the social insurance law, in force since Jan. 1. 2003 (RS 830.1).
Introduced by section 15 of the annex to the Federal ACT of 6 October. 2000 on the general part of the social insurance law, in force since Jan. 1. 2003 (RS 830.1).
The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This amendment has been made throughout the text.

Introduced by c. I. 11 of the Federal ACT of Oct. 8. 1999 on the Ac. between, on the one hand, Confederation Swiss and, on the other hand, the EC and its Member States on the free movement of persons, in force since June 1, 2002 (RO 2002 701 721; FF 1999 5440).
New content according to art. 2 c. FY Dec 17 14. 2004 (extension of the ac on the free movement of people in the new Member States of the EC and accompanying measures), in force since April 1, 2006 (RO 2006 979 994; FF 2004 5523 6187).
Regulation (EEC) n 1408/71 of the Council of 14 June 1971 on the application of the social security schemes to workers, self-employed workers and members of their families moving within the community; in the latest version in force according to the agreement on the free movement of persons (RS 0.831.109.268.1) and the EFTA Convention revised.
New content according to art. 3 c. 9 AF of June 13, 2008 (renewal and extension of the ac on free movement to the Bulgaria and the Romania), in force since June 1, 2009 (RO 2009 2411 2420; FF 2008 1927).
RS 0.142.112.681 RO 2006 995 RS 0.142.112.681.1 Regulation (EEC) No. 574/72 of the Council of 21 March 1972 fixing the modalities of application of Regulation (EEC) No 1408/71 on the application of the social security schemes to workers, self-employed workers and members of their families moving within the community; in the latest version in force according to the agreement on the free movement of persons (RS 0.831.109.268.11) and the EFTA Convention revised.
Rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA - RS 171.10).
0.632.31 formerly RS V.

Status as of June 1, 2009

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