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Gainfully employed persons from EU/EFTA member states may work in Switzerland without a permit for up to ninety work days per calendar year. However, they are subject to the notification requirement.
The following persons are considered gainfully employed:
- Gainfully employed persons of a foreign employer based in an EU/EFTA country (→ posted workers)
- Self-employed service providers who are citizens of an EU/EFTA member state
- Gainfully employed EU/EFTA citizens with commencement of work with a Swiss employer
Note
The notification procedure is required for all forms of gainful work in excess of eight days within a calendar year (eight notification-free days).
However, notification is required from day one in the following sectors:
- Construction and secondary construction work
- Gardening and landscaping services
- Hospitality industry (including hotel industry)
- Industrial cleaning services and cleaning work in households
- Surveillance and security services
- Itinerant trade (exception: trade fairs and circuses)
- Erotic services
Notification of commencement of work with an employer in Switzerland must occur from the first day of work regardless of industry.
Prenotification deadline of eight days
Notification of work must occur at the latest eight days prior to the envisaged start of work in Switzerland. Start of work prior to expiry of the eight-day deadline is strictly prohibited. It should be noted here that, on principle, any form of gainful work is subject to the notification procedure. The distinction between work that is subject to notification and work that is not subject to notification is set forth in Annex V to the directives of the Agreement on the Free Movement of Persons (AFMP).
In the case of commencement of work with a company in Switzerland, notification must occur at the latest one day prior to starting work.
How to calculate the eight-day prenotification deadline
The day on which the notification is registered is included; the same applies to weekend days. In order for the deadline to be met, work may only be started on the ninth day after submitting the notification.
Examples
- Notification was submitted on Monday, 1st June 2019. Work may be taken up on Tuesday, 9th June 2019.
- Notification was submitted on Friday, 5th June 2019. Work may be taken up on Saturday, 13th June 2019.
Exceptions from the eight-day prenotification deadline: emergencies
In the event of emergencies, such as repair works, accidents, natural disasters or other unforeseeable events, notification may exceptionally occur at the latest on the day that work is started, stating the reasons why. Please note that there may be no more than three calendar days between registering the notification and the start of work. Short-term work assignments or tight staff planning will not be accepted as emergencies.
Are you experiencing technical problems with the web application?
If you are experiencing problems with the web application for online notification, please contact the State Secretariat for Migration. As an exception, notification by post to the competent authority in the canton where work will be performed is possible. Confirmations of notification received by post are subject to a fee.
Calculation of notified working days
When calculating the working days, the authorities will take all notified calendar days into account, i.e., including any weekend days and public holidays that fall within the period of notification. Therefore, we recommend that you only enter your actual working days as, otherwise, said weekend days and public holidays will be included in the calculation. Notifications may not be cancelled retroactively.
Changes to an existing notification
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In the event of an erroneous entry of place of work, a new notification is imperatively required. Please include a reference in the Comment field to the existing notification number and state that you have already submitted a notification with the wrong place of work. The eight-day prenotification deadline must be kept.
If the date of the planned work changes, the received confirmation of notification may be replied to and the new start date communicated. If the start date is forwarded, the eight-day prenotification deadline must be kept, i.e., there must be eight days between the original date of notification and the new start-of-work date.
If work of a person does not take place, that person can be removed from the notification. Please reply by email to the received confirmation of notification and let us know which person is to be removed.
If notification is required for additional persons, or in the event of a replacement, e.g., due to illness, a new notification is needed for the new person. Please state in the Comment field that it concerns an addition to the existing notification number XXXXXX. In the event of additions to existing notifications, or replacement of persons, the eight-day prenotification deadline need not be kept. However, notification must occur prior to the start of work.
In order for days to be credited, cancellation must be communicated to us by no later than 12 noon of the (first) day cancellation applies to, as retroactive cancellation is not possible. Please reply to the received notification confirmation by email and let us know which day/s is/are no longer required. The same applies to a notification that has become void. In the event of a cancellation, you will receive an automatic cancellation confirmation. If existing dates are adjusted, you will automatically receive a new notification confirmation by email.
Examples
- Email is received by us on 5th June 2020 at 10:45 a.m. 5th June can be credited.
- Email is received by us on Monday, 8th June 2020, that no work was performed on Friday, 5th June 2020. No crediting is possible.
In order for an extension to be valid, it must imperatively concern the same place of work. Furthermore, the end of the last assignment may not date back more than three months. In these cases, the eight-day prenotification deadline need not be kept. Please reply to the original notification confirmation, so that we have all of the requisite information.
Examples
- The last assignment ended on 29th May 2020. If work is resumed on 29th August 2020, it is viewed as an extension.
- The last assignment ended on 31st May 2020. If work is resumed from 1st September 2020, this is no longer an extension and the eight-day notification deadline must be complied with.
Information for posting companies
Posting of third-country nationals
The posting of employees from non-EU/EFTA states is only possible if the employees concerned have already been admitted long-term to the regular labour market of an EU/EFTA member state before being assigned to work in Switzerland. As a rule, this can be assumed if they have been there for twelve months with a residence and work permit. Failing this, it is mandatory to obtain a work permit before the start of work in Switzerland. This rule does not apply to self-employed persons or to commencement of work with a company based in Switzerland.
Postings for more than ninety days per calendar year
Employees who are being assigned to work in Switzerland for more than ninety days per calendar year require a permit in advance.
Adherence to minimum working and salary conditions
Foreign employers must guarantee their posted employees minimum the salary and working conditions as stipulated in Swiss federal laws, Federal Council ordinances, generally binding collective employment contracts and regular employment contracts.
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Compliance with minimum pay is not subject to the contractual provisions (collective agreement etc.) of the posting state, but to the respective generally applicable collective employment contract (GAV) or to a regular employment contract in Switzerland.
Industries not governed by a generally applicable collective employment contract have no binding provisions regarding minimum pay; however, the salary conditions customary for the location and profession are to be adhered to (Art. 360a CO; SR 220).
Posted employees remain subject to the social insurances in the country they are being posted from.
Violation of minimum working and salary conditions will be prosecuted by way of administrative fines of up to CHF 30,000 or exclusion from the Swiss market for one to five years (with inspection costs to be covered by the offending employer), as well as possible criminal proceedings.
- Information concerning work and break times
Pursuant to Art. 329a CO, at least four weeks’ holiday during each full year of service, and at least five weeks’ holiday for employees under the age of 20, are to be granted.
- Information concerning work safety and health protection
- Information concerning work safety and health protection
- Protection against discrimination
- Workplace equality
Inspections
Self-employed service providers
In the event of an on-site inspection, the following three documents must be presented as proof of self-employment:
- Copy of notification confirmation or foreign worker’s permit
- Social security certificate (A1 form)
- Copy of the contract (agency contract/contract for work and services) with the principal/customer or, if no written contract is available, written confirmation from the principal/customer of the agency contract/contract for work and services to be performed in Switzerland issued in an official Swiss language.
Failure to present these three documents may result in a fine of up to CHF 5,000 and a ban from continuing work. Additional documents may be requested for proof of self-employment if there are any doubts concerning the status as a self-employed person. The term self-employment is governed exclusively by Swiss law. Service providers who are self-employed in their country of origin may be regarded as non-self-employed in Switzerland.
Sanctions
Violations of the notification requirement will result in an administrative fine of up to CHF 5,000 and fees.
Further information
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- Posted Workers Act (PWA)
- Posted Workers Ordinance (PWO)
- Federal Act on Foreign Nationals and Integration (FNIA)
- Ordinance governing the introduction of free movement of persons (VEP)
- Ordinance governing the introduction of free movement of persons (VEP)
- VEP instructions
- Federal Employment Act (ArG)
- Swiss Code of Obligations (CO)
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