CONVINUS Global Mobility Insights - Herbst / Fall 2024 Staff leasing is only occasional (Art. 27 para. 4 AVV) For example, the employer would like to bridge a slump in orders and the deployment company would like to cover a short-term need for additional personnel within the group. The focus is on gaining experience and / or acquiring / passing on specific knowledge and expertise. The employee has the opportunity to spend time abroad or gain work experience in another group unit. Expertise is transferred within the group, for example by implementing new software throughout the group or training an employee on a new machine. The following example is intended to help answer the question of whether a personnel leasing licence is required for intra-group transfers. Example: The Neptunia AG Group operates globally and has branches and subsidiaries in 40 different countries. The group employs a total of 2,000 people worldwide. The group has grown very quickly in the past and recognises the need to make better use of the exchange of knowledge and experience within the group in the future. On average, the parent company, Neptunia AG in Zurich, sends between 10 to 15 people per year for a wide variety of purposes. The following assignments were made by the Swiss parent company in 2023: Peter Schwan: His secondment is for 4 years to support the development of the Japanese company and will take on the role of Managing Director for this period. Nadja Karanova: Her secondment is for 2 years to replace the HR Director in Germany at short notice. The current post holder has gone on maternity leave for 2 years and will be replaced by Ms Karanova for this period. Sibylle Meister / Lina Pandarian / Paul Forbes: Their secondments are each for 1 year for the implementation of new software and staff training. Within the 12 months, they will carry out the installation and training of 10 locations. This means that they change locations after approx. 6 weeks. 24
CONVINUS Global Mobility Insights - Herbst / Fall 2024 Fabienne Schuster: Her secondment to the USA is for 2 years and is part of the Career Development Programme Ryan Ganter: His secondment is for 12 months to assist at the production facility in Sweden on a short-term basis. The Swedish company has received a large order and does not have the necessary capacity. Tobias Petrovic: His secondment to Portugal was planned for 6 months. The finance manager there has resigned. A suitable candidate has been found, but he will not be able to take up the position for another 6 months. Mr Petrovic was appointed to bridge this period. If we were to make an assessment based on these applications, we would come to the following conclusion: The total of 8 postings can be regarded as occasional intra-group transfers. In addition, a corresponding exception can be made for each individual assignment, which would mean that no personnel leasing licence is required. However, it is important to look at the bigger picture. Based on the postings in question, it can be concluded that these assignments are not primarily undertaken for the Swiss company to make a profit, but rather for the most part for the purpose of knowledge transfer and to support the foreign companies. If this conclusion is reached, then this leads to the assessment that Neptunia AG does not require a staff leasing licence. To obtain legal certainty, a negative certificate can be obtained from SECO, in which SECO assesses the cases based on the specified factors and, if necessary, confirms that there is no need to apply for a personnel leasing licence. 25
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