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CONVINUS Global Mobility Insights NEWSLETTER Herbst / Fall 2023

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Global Mobility Insights - Herbst / Fall 2023 Criminal sanctions (criminal fines of up to CHF 1,000,000, confiscation of assets, e.g., ill-gotten gains) Sanctions from generally binding collective agreements. 3. Documentation obligation At the request of the authority duringa labour marketinspection, foreign serviceproviders must present the following documents to the inspection bodies: Copy of the work permit obtained or of the confirmation of registration in the case of a registration procedure The social security certificate A1 or the Certificate of Coverage (CoC) Copy of the project contract Work reports on the hours worked including breaks Pay slips of the posting period Copy of the employment contracts incl. any personnel regulations Copy of vocational qualification documents (certificates, attestations) Payment receipts for the secondment expenses incl. secondment allowances Receipts for payment of holiday and Christmas bonuses Evidence of regular premiums, gratuities or bonuses, if these have been paid out in recent years Usually, the authorities require all documents to be sent in the official language of the canton.However, practice shows that English documents are accepted. It is essential to cooperate with the authorities and to meet the deadlines when responding. Most recently, a client from the UK did not respond to various letters from the authorities due to a possible violation of the Posted Workers Act. After about 7 months of silence, the authority in the canton of Vaud imposed a one-year work ban on the specific branch. In another case where the work reports were missing, an Italian company received a fine of approximately CHF 500 for a posted employee. However, the highest fines tend to be issued for a violation of the minimum wage requirements. The fine is calculated according to the wage level and the number of posted employees. 36

Global Mobility Insights - Herbst / Fall 2023 Conclusion In summary, this broadly resultsin the following stepsto be legally compliant: 1. Calculate the equivalent Swiss minimum wage and ensure that it is paid. 2. Obtain registration or work permit before starting work. 3. Obtaining the A1 or Certificate of Coverage for all seconded employees. 4. Notification of employees regarding maximum working hours and rest periods in Switzerland (including publicholidays). These resultfrom the national labour law. Nota bene: Protected professions partly require an additional work permit for Saturdays (working time permit), depending on the canton. 5. Ensure that all relevant documents mentioned in this articleare documented; in particular, work reports, notifications and/or work permits. Contact: CONVINUS global mobility solutions Talstrasse 70 +41 (0) 44 250 20 20 8001 Zurich Switzerland 37

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