The employment of foreigners in Switzerland is governed by specific laws and regulations. Swiss employers must comply with these regulations when hiring foreign workers, to ensure that these workers enjoy the same rights and protections as Swiss workers.
Foreign workers can work in Switzerland if they have an appropriate work permit, the granting of which is regulated by various laws, including the Federal Act on Foreign Nationals and Integration (LEI) and the Agreement on the Free Movement of Persons (ALCP). Foreign workers must also have a valid residence permit.
The LEI distinguishes between nationals of EU/EFTA member states and those of other states, known as third countries, which include UK nationals as of January 1, 2021. EU/EFTA nationals generally have priority on the labor market, unlike non-EU nationals. The ALCP applies to all EU and EFTA citizens.
EU/EFTA nationals do not need a residence permit for short-term work, i.e. up to three months. All they have to do is announce themselves. However, if they work for more than three months, they must obtain a residence permit before starting work. To do this, you need a valid identity card or passport, as well as proof of employment. This may be an employment contract or a certificate from the employer. A residence permit is valid throughout Switzerland, allowing foreign workers to change jobs and employers. Its period of validity is determined by the length of the professional engagement.
The following permits are mainly available to EU/EFTA nationals:
In Switzerland, as far as third-country nationals are concerned, only qualified foreigners are allowed to take up gainful employment, such as managers or specialists. In such cases, a work permit is required, even for short-term work (art. 11 al. 1 LEI). However, to obtain such authorization, the employer must be able to prove that your arrival serves Switzerland’s economic interests (art. 18 LEI) and that it has not been possible to recruit a Swiss or EU/EFTA national.
Please note that a work permit is not the same as a visa.
Foreign workers in Switzerland enjoy the same rights as Swiss workers in terms of minimum wage, working hours and safety at work. Swiss employers must comply with rules on maximum working hours, breaks and days off, as well as paid vacations and social security benefits.
Foreign workers can also benefit from special measures to help them integrate into the Swiss labor market, such as vocational training programs, language courses and continuing education programs. They may be subject to immigration quotas, depending on their nationality and field of activity. Foreign workers are also subject to taxes and social security contributions in Switzerland, just like any other resident worker.
Third-country nationals may only work in Switzerland if their admission is in the country’s overall economic interest (art. 18 and 19 LEI). This assessment takes into account a number of factors, including labor market conditions, sustainable economic development and the foreign worker’s ability to integrate.
In conclusion, the employment of foreigners in Switzerland is governed by specific laws and regulations to ensure that foreign workers enjoy the same rights and protections as Swiss workers. Swiss employers must comply with these regulations.