Reporting and approval requirements for foreigners
The hiring of foreign employees in Switzerland requires specific reporting and authorization obligations, depending on their origin.
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When hiring foreigners, certain reporting and permitting requirements must be complied with. Depending on the origin of the employee, a report may be sufficient or additional approval from the competent authority may be necessary.
In any case, the activity can only begin after reporting or after the approval has been granted. In the case of cross-border service provision, the report must be filed at least 8 days before starting work.
In general, employees can be distinguished based on their origin:
- Employees from EU-17
- Employees from EU-8
- Employees from EU-2
- Employees from third countries
Employees from EU-17 In principle, there is complete freedom of movement for persons in relation to EU-17 and EFTA states. Nevertheless, there are reporting and permitting obligations when engaging in employment in Switzerland. The following cases are distinguished:
- Employment duration up to 90 days per year: Reporting obligation
If the employee is employed for no longer than 90 days a year, reporting of the employee is sufficient. The employer is responsible for fulfilling this obligation. This regulation applies both to employees residing or staying in Switzerland, as well as to cross-border commuters.
- Employment duration over 90 days per year: Permit obligation
If the employee is employed for more than 90 days a year, obtaining a permit is necessary. It is generally up to the employee to obtain the permit.
Employees from EU-8
In principle, employees from EU-8 countries have the same rights and obligations as employees from the EU-17 states since May 1, 2011, due to the freedom of movement of persons.
Employees from EU-2
Employing workers from the EU-2 with residence or domicile in Switzerland is generally subject to a permit requirement. However, starting June 1, 2016, employees from EU-2 countries are subject to the same regulations as those from EU-17 and EU-8 states.
Employees from third countries
When hiring employees from third countries, a permit requirement is generally necessary, which is subject to the canton and the federal government.
Our experts are happy to advise you on all topics related to reporting and permitting obligations.
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