CONVINUS Global Mobility Alert - Week 16.2025

BEST PRACTICECase Study:

BEST PRACTICECase Study: Cross-Border Provision ofServicesBRIZIDA ALANI, CONVINUSCase facts:A U.S. IT specialist is employed by an international life sciences company headquartered in Berlin.As part of a temporary project, she is to be assigned to Switzerland to take over the management ofan IT project aimed at implementing new IT infrastructure at the Swiss branch of a globalpharmaceutical company.The assignment in Switzerland is planned for several months but does not involve a permanentstay. The IT specialist intends to keep her residence in Berlin and commute regularly betweenGermany and Switzerland, staying in hotels or temporary accommodations while in Switzerland.From a Swiss work authorization perspective, depending on the duration and structure of theassignment as well as the employment arrangement, the following options apply:1. Notification Procedure under the CH-EU FMP (Free Movement of Persons Agreement):In general, the Free Movement of Persons Agreement between the EU and Switzerland does notapply to third-country nationals unless they have been lawfully residing in the EU/EFTA area for atleast 12 months.As the specialist is a U.S. citizen who has been living in Germany for over three years, the simplifiednotification procedure (for short-term activities up to 90 days per calendar year) does apply in thiscase.Notifications must now be submitted via the EasyGov online portal: easygov.swiss/workingpermits.6convinus.com

BEST PRACTICE2. 120-Day Work Authorization (not subject to quotas)If the project-related work exceeds 90 effective working days, a 120-day authorization must beapplied for. This type of permit is limited in duration, not subject to quotas, and does not requireproof of accommodation.Only the project contract between the German employer and the Swiss company, as well as anassignemnt confirmation, must be provided. Swiss minimum wage requirements – especially thoseapplicable in Basel – and allowances for accommodation, travel, and meals must be strictly adheredto.3. Short-Term Residence Permit (Permit L) (subject to quotas):If the activity exceeds 120 working days per calendar year, a short-term residence permit can beapplied for within the framework of service provision. This permit requires a formal workauthorization procedure and is subject to quotas.A labor market check is not conducted, but compliance with labor law and wage regulations isthoroughly examined.This permit type requires the employee to establish residence in Switzerland. Therefore, theemployee should carefully assess whether the assignment could or should be limited to 120 days.4. Cross-Border Commuter Permit (Permit G):This option would only be relevant if:The IT specialist is directly employed by the Swiss client,She returns to her residence in Germany at least weekly,And resides within a defined border zone.However, for third-country nationals, the following special conditions apply:The person must have lived continuously in a Swiss border zone for at least six months.→ As this is not the case (residence is in Berlin), this option is generally excluded.Note: For third-country nationals, a standard work authorization procedure is generally required,including quotas, labor market tests (priority for local workers), and proof of qualifications.7convinus.com