News and current developments on work and residence permits
26 February 2020
Notification procedure for short-term employment
Who benefits from the notification procedure?
The following persons benefit from the notification procedure for short-term employment of a maximum of 90 days within a calendar year in Switzerland:
- EU/EFTA nationals (with the exception of Croatia, as there are currently still interim measures) who take up employment in Switzerland for a limited period of up to 90 days
- Posted employees from a company based in the EU/EFTA, regardless of their nationality. Third-country nationals, however, must have worked in the EU/EFTA area for at least 12 months before being posted to Switzerland.
- Self-employed service providers (EU/EFTA nationals) based in an EU/EFTA member state
Eight-day notification-free period
When a work activity lasts more than eight days within a calendar year, it is subject to notification. Activities in certain sectors must always be notified from day one.
Calculating the number of days
In the case of a posting, the eight non-notification days and the authorized maximum duration of 90 days within a calendar year refer to both the posting company and the posted employee. If several employees are posted at the same time for the same assignment period and location, the notified days are deducted from the quota only once.
Eight-day prior notification
Notification of posted employees and self-employed persons must be registered at least eight days before the planned start of work in Switzerland. Work may only be started in clearly defined emergencies before the eight-day notification deadline, provided certain conditions are met.
If a person starts working for a company in Switzerland, the notification must be submitted at the latest on the day before the start of work.
The essentials in brief:
- The 90-day quota applies per legal entity and employee
- The legally required lead time is generally eight days before the first working day.
- Only companies based in the EU/EFTA area can use the notification procedure.
- EU/EFTA citizens and third country nationals who have worked in the EU/EFTA area for at least 12 months benefit from this simplified procedure
- Interim measures apply to Croatian nationals and companies based in Croatia.
UPDATE - New residence permits for EU/EFTA nationals
The paper-based permit cards for EU/EFTA nationals are outdated and will be replaced throughout Switzerland by mid 2021 (read more). The new permit card does not contain a microchip where biometric data is stored. Only the signature and facial image will be visible on the card. The additional data (signature and facial image) must be entered at a biometric recording station. You can find more information in the factscheet:
Amendment of the obligation to pay compensation in the event of assignment
Previously, the employer had the obligation to cover the expenses of its employees for the entire duration of the assignment. With an amendment to the ordinance, which comes into force on 1 April 2020, the obligation to pay compensation is now limited to twelve months.