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Global Mobility Insights - Frühling / Spring 2023 Labour law In both constellations, the individual has an employment contract in the state of employment and is generally subject to the labour law of that state. However, if the person also works in the "main state of residence" (home office activity), then the mandatory legal provisions of this state would also have to be taken into account. Work permit A cross-border permit must be obtained for the cross-border commuter in Switzerland. If the commuter is an EU/EFTA national, the cross-border permit is generally valid for five years based on an unlimited employment contract. As a rule, the cross-border permit is only valid for the specified place of work. In some cantons, however, the cross-border permit is also permits working in the whole of Switzerland. The permit holder does not necessarily have to commute every day, only at least once a week. This means that he/she can stay in Switzerland during the week and only has to return to their main residence at the weekend. Depending on the canton, however, in these constellations the permit is converted into a B permit on the basis of the "weekly stay" in Switzerland. If the commuter is not an EU/EFTA national, there is no option to stay in Switzerland during the week. Non-EU/EFTA nationals must commute daily. In addition, they are obliged to live in the border zone and to work in the corresponding border zone. There is a border zone in Switzerland applicable to each individual residence. Before such a cross-border commuter permit can be obtained, the applicant must also be able to prove that they have already lived in the border zone in the neighbouring country for at least six months. 40 convinus.com
Global Mobility Insights - Frühling / Spring 2023 The international weekly commuter can, therefore, either obtain a cross-border permit or register directly in Switzerland. If the international weekly commuter is an EU/EFTA national, they will receive a B permit after registration and if they have an unlimited employment contract in Switzerland. In the case of non-EU/EFTA nationals, a work permit must be obtained and they can only register in Switzerland once the permit has been obtained. Social security Both cross-border commuters and international weekly commuters are, in principle, subject to the social security legislation of the country of employment, provided they are EU/EFTA nationals. Only with regard to a possible home office activity in the "main country of residence" should caution be exercised, because depending on the frequency, the social security status in the country of employment could change to the "main country of residence". An agreement has been reached between Switzerland and the EU member states that an activity of up to 50% (previously 25%) in the "main state of residence shall be harmless". The agreement is expected to come into force on 1 July 2023, but must first be signed by each member state. For EU/EFTA nationals who have a cross-border commuter permit, their health insurance status should be checked: there may be the possibility of being exempted from compulsory health insurance in the country of employment and instead being insured in the country of residence. 41 convinus.com
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