Posted workers in Switzerland
Posted workers rules
If I want to work in Switzerland for up to 90 days per calendar year and I am an EU/EFTA citizen, I do not need a permit but it is possible to follow the notification procedure.
For areas where there is no specific regulation (as we will see below) there is the possibility of providing services in Switzerland for less than eight days per calendar year without notification.
It should be kept in mind that the notification procedure for reporting services performed on Swiss territory is mandatory.
- It is carried out through an online procedure.
- It must be made no later than eight days before the start of the activity for posted workers and independent service providers (one day before if the employer is Swiss).
- Must be done no later than eight days before the start of the activity and from the first day in case of service provision or posting in certain special sectors (at risk of wage dumping and violation of labour rights) including:
o hotel and restaurant sector
o red light sector
Posted workers and EU/EFTA nationals hired in Switzerland are notified by the employer, while independent service providers notify themselves.
In case of a change in duration or work stoppage, notification must be made by e-mail.
There is an emergency procedure to waive the eight days:
- if the work performance concerns the repair of damage that occurred suddenly and is aimed at preventing further damage;
- if the service begins immediately, but no later than three calendar days after the onset of the damage;
- in the case, exceptional, where there is, inter alia:
o the need to restore functioning machines or facilities essential to the operation of the enterprise;
o the need to repair facilities damaged by force majeure events;
o the need to carry out activities essential for the protection of life and safety or to avert environmental hazards.
Regarding the calculation of the 90 days, it should be noted that the 90 days are calculated for the posting enterprise and the posted workers. Therefore, the number of workers posted simultaneously by a company is not important; if I post three workers for one day, only one day is counted.
Please note: If you are notifying multiple business owners (e.g., an LLC), only one person can be notified as an employer (independent service provider). The other owners will need to be notified as workers posted by the company. In the "Notification Comment" box, it should be specified that the workers listed as posted workers are also owners (independent service providers).
Citizens with nationality in a non-EU/EFTA country can be posted if they are permanently admitted to the labour market in an EU/EFTA country (permanent residence card during at least 12 months).
Lastly, it is worth paying attention to the fact that controls, by cantonal and joint commissions, are not uncommon and focus mainly on compliance with wages and working conditions (e.g., working hours) of seconded persons.
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