Posting of workers to Switzerland

Posting of construction workers to Switzerland

Delegation of welders to Switzerland

Deployment of fitters to Switzerland and workers in other industries

Thanks to the agreement on the free movement of people, citizens of EU/EFTA countries have the right to freely choose their place of work or residence within the countries that are parties to the agreement. Individuals from EU/EFTA countries can also provide cross-border services within Switzerland for up to 90 days without having to formally obtain a work permit. However, the possibility of free movement of people implies the risk of illegal reduction of employment conditions and remuneration. To counteract it, so-called shielding measures have been taken. Appropriate measures have been included, first of all, in the Swiss law and the regulation on the posting of workers to Switzerland.

Employer's obligations when posting workers to Switzerland

In the case of a business trip to Switzerland, the foreign employer has obligations to the employee, the ignoring of which risks certain sanctions.

Working conditions and minimum wage

The employer is obliged to provide delegated employees with minimum conditions of employment and remuneration, as specified both in federal laws, federal government regulations and included in generally applicable tariff agreements and standard labor contracts. These conditions must be adhered to throughout the employee's posting to Switzerland.

Obligation to notify the posted employee

If a posting in Switzerland will last more than 8 days, the employees referred to it are subject to notification. Some sectors are subject to it from the first day of services. Notification must be made at least 8 days before the delegate is scheduled to start work.

Coverage of mission expenses and accommodation in Switzerland

It is the employer's responsibility to ensure that the posted employee is reimbursed for travel, food and lodging expenses based on the documents submitted by the posted employee.

Audit of compliance with delegation regulations in Switzerland

Delegation of EU/EFTA nationals for a period not exceeding 90 days in a calendar year does not require prior verification by labor market institutions. Therefore, any inspections regarding compliance with statutory provisions are carried out by cantonal authorities. They take place directly at the employer or at the delegate's place of work in Switzerland. Typically, the employer is asked to provide the required information regarding the posting of employees. He is required, for example, to prove that the notification of the employees was made within the indicated timeframe, or to prove the actual payment of wages and payment of delegation costs.
Checks on compliance with the applicable minimum wage provisions are carried out by either parity bodies or tripartite commissions. In addition, worker protection organizations also have the authority to file independent complaints when violations of the obligations set forth in the posting laws are detected.

1. BASIC INFORMATION on posting to SWITZERLAND:

Directive 2018/957 itself has not been implemented in Switzerland, but similar regulations have been in place for many years.

Switzerland does not have a nationally set minimum wage.

Minimum wage requirements are set out for specific industries in hundreds of collective labor systems (some of which are generally binding and therefore mandatorily apply to all employees working in Switzerland, regardless of whether the employer or its Swiss host company is a party to the system). There are currently more than 70 generally binding collective bargaining agreements in force in Switzerland. In order to assess whether a collective bargaining agreement applies to work performed in Switzerland, a case-by-case assessment must be made. performed in Switzerland, a case-by-case assessment is always necessary.

A case-by-case assessment will always be required. The most important generally applicable collective bargaining agreements The most important generally applicable collective bargaining agreements relate to the hiring of employees, construction and hotels/restaurants.

 

2. your responsibilities regarding workers posted to Switzerland

Why choose IMPOL?

IMPOL, as representative of hundreds of foreign companies has developed over the years the know-how in the field of online secondment management, which allows you to manage all the duties related to secondment. Including storing mandatory documents, managing seconded employees. We work 7 days a week to ensure that your project is carried out in accordance with local labor laws, which will translate into a smooth stay of your employees and the realization of the work set out.

Representative

We support you through the entire process of posting employees We advise. We assist you in emergency situations. We apply for special permits to ensure that you maximize results and profitability.

Management of applications and documentation

Depending on your needs, we will take care of all the formalities related to posting to Switzerland , from setting up the account to the declaration of the posted employees.

Assistance in the event of inspections

We intervene in the event of an inspection, providing the required documents to substantiate compliance with posting obligations. As a sworn Polish-French translation agency and with our own lawyer specialising in social law, we offer you comprehensive care.

Contact us

Our advisors will answer all your questions about employee representation:

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