Navigating Work Permit Requirements for Foreign Project Workers in Switzerland: A Comprehensive Case Study.

Authors: Brizida Alani & Norma Reynov

Best Practice for HR and international companies:

Did you know that 50% of the companies in Switzerland are being inspected by the labor market authority? - With this number in mind, it is not worth being non-compliant with regard to Swiss immigration and work permit requirements.

If you send your foreign employees to work on a project in Switzerland, the company needs to obtain a work permit. The process can be complicated, but we make it easy for you.

We will provide all the information you need to know and guide you through every step of the process.

But let's get started with first insights on work permits for foreign employees. Our seasoned Immigration Expert Brizida Alani prepared the following case study on work permits for foreign project workers for you.

Enjoy reading.

Case Study

???HichTech AG, based in Zurich, urgently needs a new network infrastructure due to the new tech-products and machines they have purchased from a British company. Their branch office in Geneva is also affected. The work includes all kinds of patching, provisioning of circuits and rebuilding, disconnection / reconnection of desktops and network equipment. Due to the fact that the employees of HichTech AG have to continue working during the day, the British electricians are also required to work in the evening or at night as well as on weekends for up to 2 weeks. ??

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Question

??? What needs to be done with regards to work permits and related paperwork?

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Solutions

??? Work permit

The British electricians must be registered by the British employer for employment in Switzerland in the online notification procedure so that they are entitled to carry out the work at HichTech AG in Switzerland. The online notification procedure is available to British service providers since January 1, 2021. This allows British electricians to carry out the project in Switzerland for up to 90 days per calendar year.

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The notification of the electricians is the responsibility of the employers abroad. A copy of the notification must be forwarded to the electricians for the border crossing (even if British citizens are visa-exempt) as well as to the responsible HR officer of the HichTech AG for compliance purposes. It is very important for the notification procedure to observe the pre-filing deadline of 8 days before the start of work and to notify the different work locations separately. Each assignment in Zurich and Geneva must be reported separately, as a notification can only be made for a single assignment location.

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Key points of the reporting procedure:

• Notification must be made online on behalf of the foreign employer, i.e. the days reported in the notification procedure count mainly for the posting branch abroad.
• Salary must be guaranteed in line with local and industry standards (or lower quartile in the salary scale).
• Posting allowances for travel, board and lodging must be paid by the employer abroad.
• ?Each place of employment must be reported separately.
• 90 available days per calendar year.
• Pre-filing deadline of 8 days.

??? Working time permit

The electricians do not intend to disturb the daily business of the HichTech AG. Therefore, they will work at night and / or also on weekends. The time between 6 a.m. and 11 p.m. (Monday to Saturday) is considered as working time without a permit. Working at night and on Sundays is generally prohibited. For compelling or urgent reasons, a so-called "working time permit" can be requested for work at night or on Sundays.

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For work in Zurich from Monday to Saturday, the electricians require the online notification procedure as well as an additional working time permit for work at night. If they would also work on Sunday, a working time permit for work on Sunday would also have to be approved by the Zurich City Police.

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For work in Geneva from Monday to Saturday, possibly Sunday, the online notification procedure and an additional working time permit (Demande de dérogation d'horaire) must be obtained from the "Conférence Paritaire de la Métallurgie du Batiment" in Geneva. The employment office in Geneva "l'OCIRT" then issues a second approval.

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??? Remuneration

Electricians are a regulated and protected profession in Switzerland, which is why the service providers must comply with the minimum regulations regarding remuneration in accordance with cantonal, generally binding collective labor agreements. Usually and in practice, these hurdles are lower than the minimum wages calculated by the National Wage Calculator (lower quartile for the reporting procedure) (https://entsendung.admin.ch/Lohnrechner/home ). For work at night or on weekends, a wage supplement of 25% to 50% is to be expected.

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??? Labor market control

50% of the companies in Switzerland are being inspected by the labor market authority. Within the framework of these inspections, work permits, wage documents, work reports, expense receipts, and accounting documents are checked for the purpose of transactions of expense allowances. Furthermore, the A1 certificate on social security is always a must for compliance with Swiss law on international postings.

Conclusion

If you are planning to carry out a project in Switzerland and need to bring in foreign workers, it is crucial to make sure you follow the necessary work permit requirements and paperwork.

You will need to register your workers in Switzerland through the online notification procedure, obtain a working time permit if your employees need to work outside of regular hours, comply with minimum regulations for remuneration, and obtain an A1 certificate for social security purposes.

By following these steps, you can ensure that you comply with the necessary regulations.

If you are unsure about navigating these regulations or need help with similar set-ups, feel free to reach out to me for assistance.

?? Do you have?more questions? You need detailed advice? Then do not hesitate to?reach out to me.

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