BUSINESS TRAVELLER
BUSINESS TRAVELLER Excursus: British nationals will no longer count as EU/EFTA citizens as of January 1, 2021. However, a bilateral agreement has been concluded between Switzerland and the UK, according to which British citizens who provide cross-border services in Switzerland for up to 90 days will continue to be subject to the registration procedure. However, employment with a Swiss employer for up to 90 days is no longer permitted or recordable via the registration procedure. Based on the Agreement on the Free Movement of Persons between Switzerland and the EU, the cross-border provision of services must be registered using the online tool of the registration procedure. No further work permit is required. Each place of employment must be registered separately. Non-EU/EFTA nationals with more than 12 months of residence in an EU/EFTA country may also be registered using the online tool. The reported days for each EU/EFTA national and non-EU/EFTA national with more than 12 months of residence are counted per employer abroad and per employee. However, the reported days count only once for all posted employees per calendar year. The electronic notification must be made up to 8 days before the start of work. The employee may only start work on the 9th day after notification (notification day included). Exceptions to the 8-day advance notification period are follow-up orders, additional employees, emergencies, maintenance work, etc. Up to 3 months after the initial notification for the same place of work and company abroad, further notifications regarding new days or additional employees may be made up to 1 day before the start of work. 1.1.3. Notification procedure for short stays of up to 90 days for self-employed service providers The self-employed service provider would also have to declare the activity with an advance notification period of 8 days before the start of the work using the online tool. Only the selfemployed service provider will not have to provide information on compensation. For this, however, the confirmation under social security law from the competent authority abroad would already have to be available before the start of the activity. 1.1.4. 120-day permit or 4-month permit at a stretch The 120-day permit or the 4-month permit at a stretch applies to posted employees and service providers who must work in Switzerland either for 120 days within 12 months, or then for 4 months. This type of permit is not subject to quotas and is only issued to specialists with a university degree and several years of professional experience in the same industry. 42 convinus.com
BUSINESS TRAVELLER The employee is not obliged to take up residence in Switzerland. The holder of the work permit is the employee himself, in contrast to the registration procedure, where the days per company abroad are entered or reported in the profile of the respective company. The activity is authorized for a specific place of work, a specific project and for a specific duration. The change of employer is not allowed in this sense. If the employee is to work for another project of the same employer in Switzerland, an additional work permit, the so-called consent, must be obtained from the respective canton of the new work location. The person is allowed to work a total of 120 days, including days for any other project in Switzerland. The days reported in the registration procedure for EU/EFTA citizens are deducted from the 120 days. In some cantons (e.g. Bern, Vaud, Geneva, Ticino) the following rule applies: As a rule, the 90 days available under the registration procedure must be used up before a 120-day work permit can be applied for. Based on the 120-day permit, non-EU/EFTA nationals may only stay within the Schengen area for a maximum of 90 days within a 180-day period. Therefore, they are not allowed to work for 4 months continuously on the basis of a 120-day permit (type C visa). In the case of a 4- month permit, a type D visa is usually issued, which circumvents the 90-day Schengen regulation and allows them to work for 4 months without interruption. 2. Compliance with the wages customary in the locality and in the industry Compliance with the wages customary in the location and industry is a basic requirement of the posting - apart from the nationality of the employee. In the run-up to the clarification of a work permit in Switzerland, the gross wage is calculated using the Salarium.ch link, which is, however, being progressively replaced by the national Lohnrechner.ch link. This type of calculation is now firmly accepted by the offices and is actively used in practice. The Swiss Wage Book 2022 also offers an alternative to this. For the notification procedure, the lower quartile (less than 25%) of the salary calculation is decisive. In contrast, the median value is to be taken into account for obtaining a 120-day permit and a short-term or residence permit. In addition, the expenses for travel, accommodation and meals in the case of a posting must always be covered by the employer abroad (posting company). Labor market controls currently take place very frequently and require full documentation of records related to wages, posting allowances, expense allowances, working conditions and work reports. 43 convinus.com
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