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Information for the foreign employee in Switzerland: getting a work permit, finding a job, the employment contract, salaries, holidays and the rights of the employee, as well as information and links for the self-employed person.
The terms of employment in Switzerland apply to people recruited locally in Switzerland:
While a written work contract is not obligatory, it is more common (and advisable) to have one. The written contract, which should be signed by both employer and employee before work begins, contains the following:
In addition to duties and responsibilities, the contract should also stipulate any other special work conditions such as supplementary health insurance (mutuelle) and confidentiality clauses. With the exception of trial periods, employment contracts can only be terminated at a month end and the notice letter must reach the employer before the beginning of the notice period. Employee protectionThe work contract must comply with the Code des Obligations. Employees with a work contract are protected by the law in case of accidents, sickness and harassment at work. On a federal level the following organisations monitor the rules of health and safety at work:
Weekly Hours and SalaryOn average the Swiss working week is between 40 and 42 hours. Under Swiss law an employee may work a maximum of 45 hours in one week. Swiss employers often allow their staff to work flexible hours. Annual leave is a minimum of four weeks or (20 days). For employees under the age of 20, annual leave is 25 days. Employees automatically get the nine Swiss national holidays although an employee may request to exchange these on national or religious grounds. The agreement given must be in writing. An employee can also expect to be given two to three days off for their wedding, and one to three days for a death in the family. There is no minimum wage in Switzerland. Job vacancies advertised rarely mention salary. A salary often relates to an employee's age and experience and the wage may be negotiated between employer and applicant. That said, there should be a balance between the work to be undertaken and the rate of pay. A "thirteenth cheque" or extra bonus payment can be made at the discretion of the employer although if it has been stated in the contract that there will be a bonus, then the employee has to make this payment. Foreign nationals with a residence B permit are taxed at the source. Work PermitsEU CitizensPriority is given to EU members for work permits. Work permits are linked to residence permits (aufenthaltsbewilligung or autorisation de séjour), therefore it will depend on nationality, type of employment contract, place where the job is on offer and the Swiss labour market demand.
Since the EU bilateral agreement of 2002 it is easier for EU nationals and citizens of Norway, Iceland and Liechtenstein to get residency and work permits. There is greater job and geographic mobility and they now have the right to move with their family to Switzerland. In addition to this, family members also have the right to work. Non-EU CitizensFor non EU members it is more difficult to get a work permit. An employer has to prove that the job on offer could not be filled by a Swiss worker or an EU national. The employer has to send an offer of employment and then apply for a residence permit in the canton's local police section for foreigners. If this is successful, the non-EU national will receive a pre-authorisation of residency (Zusicherung der Aufenthaltsbewilligung or Autorisation de Séjour). When the employee arrives in Switzerland to begin work, this must be shown at the local Cantonal Population Office (OCP) when application for a residence permit is made. The whole process of obtaining a work permit can take many months and there is no guarantee that a work permit will be issued. Self-EmployedA self-employed or unemployed person must make their own work permit application. Application forms are available at the Cantonal Population Office (OCP).
The residence permit, issued in a folder marked as a foreigners permit (ausländerausweis or livret pour étrangers) is proof of the holder's right to live and work in Switzerland and must be carried at all times. International OrganisationsEmployees of international organisations do not need a work permit and receive a special identity card (Identitätskarte or Carte de Légitimation).
Necessary Documents When Applying For A Work/Residence Permit
There is an administrative fee to be paid. Working "on the black"It is illegal to work, or employ a person, in Switzerland without the job being declared and taxes paid. Further information
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