The employment of foreigners in Switzerland is governed by specific laws and regulations to ensure that foreign workers receive the same rights and protections as Swiss workers. Swiss employers must adhere to these regulations when hiring foreign workers.
Foreign workers can work in Switzerland if they have an appropriate work permit, 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 also need a valid residence permit.
The LEI distinguishes between nationals of EU/EFTA states and third countries, which include the UK since January 1, 2021. Nationals of EU/EFTA countries generally have priority in the labor market over nationals of third countries. The ALCP applies to all EU and EFTA citizens.
Work permits in Switzerland
For short-term work, up to three months, EU/EFTA nationals do not need a residence permit; they only need to register. For work beyond three months, they must obtain a residence permit before starting employment. This requires a valid ID or passport and a document confirming employment, such as a work contract or employer’s attestation. The residence permit is valid throughout Switzerland and allows workers to change jobs and employers. Its validity depends on the employment duration.
EU/EFTA nationals can mainly obtain the following permits:
- Permit L: A short-term permit for foreigners staying temporarily in Switzerland with a work contract from three months to one year.
- Permit B: For foreigners residing in Switzerland and working for at least one year. It is valid for up to five years and can be renewed.
- Permit C: For foreigners who have resided in Switzerland for five or ten years. It allows unrestricted work and offers greater stability.
- Permit G: For cross-border commuters who live in neighboring countries and work in Switzerland. They must return to their primary residence abroad at least once a week.
For third-country nationals, only qualified foreigners, such as executives or specialists, can work in Switzerland. They require a work permit even for short-term work (Art. 11 para. 1 LEI). Employers must prove that hiring the foreign worker serves Switzerland’s economic interests (Art. 18 LEI) and that no Swiss or EU/EFTA national could be recruited.
It’s important to note that a work permit is not equivalent to a visa.
Regulations for foreign workers in Switzerland
Foreign workers in Switzerland enjoy the same rights as Swiss workers regarding minimum wage, working hours, and workplace safety. Swiss employers must comply with regulations on maximum working hours, breaks, days off, paid leave, and social security benefits.
Foreign workers may 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 also be subject to immigration quotas based on nationality and field of activity. Like all residents, foreign workers are subject to taxes and social contributions in Switzerland.
Third-country nationals can only work in Switzerland if their admission serves the overall economic interest of the country (Art. 18 and 19 LEI). This evaluation considers factors like the labor market situation, sustainable economic development, and the foreign worker’s ability to integrate.
In conclusion, the employment of foreigners in Switzerland is regulated to ensure that foreign workers receive the same rights and protections as Swiss workers. Swiss employers must comply with these regulations when hiring foreign workers.
