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CONVINUS Global Mobility Insights NEWSLETTER Herbst / Fall 2023

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Global Mobility Insights - Herbst / Fall 2023 1.2 Posting of EU/EFTA citizens In practice, it is common for EU/EFTA employees to be posted to a branch office or to a client in Switzerland. In the case of a secondment, the employer must submit an application, which must be approved before the employee starts work. The employee must move to Switzerland and then register with the competent residents' registration office at the place of residence in Switzerland. The application is only approved if the quotas for a given quarter are not exhausted. The Swiss minimum wage must also be guaranteed here, whereby the employer abroad must bear the accommodation, travel, and subsistence costs. These compensations may not be added to the gross wage. The employer has the option of either paying the actual costs or paying the flat-rate amounts in Swiss francs per day recommended by the State Secretariat for Economic Affairs (SECO) as follows: Overnight stay incl. breakfast: CHF 150.00 Overnight stay without breakfast: CHF 135.00 Breakfast: CHF 15.00 Lunch/Dinner each CHF 20.00 In the case of local employment of EU/EFTA citizens, neither a work permit nor additional remuneration is required. A residence registration at the competent residents' registration office of the place of residence is sufficient for the issuance of a residence permit. 1.3 Notification procedure vs. 120-day permit for Business Travellers Foreign nationals who provide a cross-border service or are temporarily employed in Switzerland on behalf of a foreign employer (up to 90 days or 120 days in a 12- month period) require a permit if the activity lasts longer than 8 days within a calendar year. A work permit is not required for up to 8 days (8-days rule). Companies based in the EU/EFTA have the option of registering their service providers online for up to 90 days. Non-EU/EFTA nationals who are employed by a company based in the EU/EFTA must show a residence of more than 12 months in an EU/EFTA member 34

Global Mobility Insights - Herbst / Fall 2023 state in order to be allowed to register online. A similar regulation applies to EU/EFTA citizens residing in the United Kingdom. In all cases, the relevant wage according to the wage calculator (lower quartile "25 % earn less than") must be observed. The collective labour agreements for protected occupations, such aselectricians, must be taken into account, as the minimum wage may well be lower than calculated using the wage calculator. However, if the employee has to work longer, a 120-day permit can be applied for. It is a two-stage procedure, whereby the existence of a quota is not a prerequisite. However, the employee must be a specialist (proof of a university degree and 2 to 3 years of professional experience) and the expenses must be paid by the foreign employer. The fact that residence is not required is advantageous, but the restriction of a maximum period of 90 days within a 180-day period in the Schengen area for third-country nationals must be observed. This Schengen regulation is also applicable to travel by British nationals. 2. Compliance with the minimum rules on pay and working conditions The employer abroad must guarantee posted workers at least the working and wage conditions prescribed by federal law and generally binding collective agreements and standard employment contracts within the meaning of Article 360a CO in the following areas: Working and rest time Minimum duration of the holidays Minimum remuneration including supplements Occupational safety and health protection at the workplace Protection of pregnant women, women in childbed, children, and adolescents Equal treatment of women and men The following fines or penalties may be imposed for violations of the Swiss Posted Workers Act: State sanctions (administrative fines of up to CHF 30,000, temporary service bans of 1 to 5 years, imposition of inspection costs on offending employers), 35

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