BUSINESS TRAVELLER The national minimum target of labor market controls in Switzerland is set at 35,000 per year. The controls between the different categories of employees are risk-based, reflecting the intention to increasingly control the posted workers who are most affected due to the wage gap between Switzerland and the EU/EFTA countries, e.g. Italy, Poland, etc. The current practice is to control 30- 50% of the posted workers. In today's practice, 30-50% of all posted workers and self-employed service providers subject to reporting requirements are checked. In contrast, only 3 to 5% of all Swiss employers are targeted by the controls. 3. Miscellaneous In Switzerland it is illegal to work without a valid work permit or registration. The Swiss labor law allows employees to work from Monday to Friday between 6 a.m. and 11 p.m. without an additional work permit. Working at night and on Sundays and public holidays requires an additional work permit (Arbeitszeitbewilligung). Working on a Saturday is permitted in most cantons. However, we recommend that you clarify before starting work whether an additional work permit is required, especially for protected professions, e.g. electricians. Swiss labor law allows a maximum of 45 working hours for back office employees and 50 working hours for other employees. Anything over 45 or 50 hours is considered overtime, which must be approved in advance by the employer. It is the responsibility of the employer and the branch/operation in Switzerland where the employee works to ensure that the employee has a work permit or is notified accordingly. It is predominantly the HR department that feels legal sanctions as soon as a violation of the Foreign Nationals and Integration Act is detected during a check. Various sanctions are provided for, such as a fine, a ban on working in Switzerland, or even imprisonment in the case of a deliberate violation, or entry in a list of the state that the company has not complied with Swiss migration law, etc. It is entirely at the discretion of the authority to decide on the sanction. Self-employed consultants or sole proprietors are solely responsible for obtaining a work permit. However, the Swiss client must make sure that the employee has a work permit by asking for its copy. 44 convinus.com
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