SWISS POSTED WORKER (SECONDED EMPLOYEE) RESIDENCE PERMIT

The Swiss Posted Worker Residence Permit (also known as the Seconded Employee Residence Permit or Posted Worker Visa) allows non-EU/EFTA nationals employed by a foreign company to be temporarily assigned to Switzerland.

This route is primarily used for:

• Business expansion: where a company posts a senior manager or key employee to Switzerland tasked with establishing a Swiss branch or subsidiary of a foreign company.

• Contractual work: where a company posts a senior manager or key employee to Switzerland for a specific project or service.

  
  

Unlike other Swiss work permits, employees transferred to Switzerland on the basis of a Posted Worker Residence Permit remain under contract with the overseas employer rather than being locally employed in Switzerland. This route is subject to strict labour law compliance, particularly regarding salary, working conditions, and social security obligations.

Benefits of the Swiss Posted Worker Residence Permit

• Expand Business Operations – Enables foreign companies to send senior employees to Switzerland to set up a branch, subsidiary, or execute a business project.

• Maintain Overseas Employment – The seconded employee remains on the foreign employer’s payroll, avoiding the need for immediate local employment.

• Access to the Swiss Market – Allows businesses to establish operations in Switzerland without the immediate need to hire local employees.

• Potential for Long-Term Presence – If the Swiss entity is successfully established, longer-term residence and work permit options may become available.

Eligibility Requirements for a Swiss Posted Worker Permit

In order to qualify for a Swiss Posted Worker Visa, employees being temporarily seconded to Switzerland will need to satisfy the following requirements:

• Overseas Employment: The applicant must be employed overseas by a non-Swiss company prior to being seconded to Switzerland, maintaining their position with the foreign employer.

• Business Purpose: The posting must be for specific business purposes, such as establishing a Swiss branch or subsidiary, or fulfilling a contractual service for a Swiss client.

• Senior/Managerial/Specialist Position (for long-term postings): For long-term assignments, the posted worker must hold a senior, managerial, or specialist position within the company, demonstrating the level of expertise required for the role.

• Employment Relationship: The posted worker must remain on the foreign employer’s payroll throughout the posting, without becoming employed locally in Switzerland.

• Salary & Working Conditions: The posted worker’s salary and conditions must comply with Swiss labour laws, ensuring equal treatment and rights as Swiss employees.

• Health Insurance & Social Security: The posted worker must meet Swiss social security requirements, unless exempt under an international agreement.

• Work Permit Requirement:

  • Short-term postings (up to 90 days per year):  A notification procedure applies, and no formal work permit is required.

  • Long-term postings (beyond 90 days per year): A work permit application must be submitted to the relevant cantonal authorities.

The exact requirements you will need to satisfy to qualify for a Swiss Posted Worker Permit will vary depending on your personal circumstances. We recommend consulting an immigration lawyer specialising in Swiss immigration law for expert advice.

Who is This Posted Worker Route Suitable For?

• Senior managers and key employees establishing a Swiss branch or subsidiary.

• Foreign employees seconded to Switzerland for contractual projects.

• Specialist workers assigned to Switzerland for limited durations.

• Companies expanding into Switzerland that need to place employees on the ground temporarily.

Who is Unlikely to Qualify for a Seconded Employee Permit?

• Employees who will be locally hired by a Swiss company – A standard Swiss work permit is required instead.

• Freelancers or independent contractors – The Posted Worker route is only for employees of foreign companies.

• Secondments without clear business justification – The application must show a legitimate business need.

  
  

Application Process for a Swiss Posted Worker Permit

Short-Term Assignments (Up to 90 Days Per Year)

For short-term assignments lasting up to 90 days in a calendar year, the process of posting a worker to Switzerland is simplified. The foreign employer is required to submit an online notification to the Swiss authorities before the employee’s arrival in Switzerland. If the assignment does not exceed the 90-day limit, no formal work permit is required. However, the Swiss authorities may still review the employee’s salary and working conditions to ensure they align with Swiss labour standards.

Long-Term Assignments (Beyond 90 Days Per Year)

For longer-term assignments exceeding 90 days, a more detailed application process is necessary. The Swiss-based business or the foreign employer must submit an application for a work permit with the relevant cantonal labour authority. In this application, the employer must demonstrate the business need for the secondment, such as the necessity for business expansion or the fulfilment of a specific contract with a Swiss client.

Additionally, the employer must provide evidence that the employee’s salary meets Swiss labour law thresholds and that social security obligations are being met. Each canton in Switzerland follows its own review process, and approval from the cantonal authorities is required before the employee can begin working in Switzerland.

Physical Presence & Duration

For short-term secondments, employees can remain in Switzerland for a maximum of 90 days per year under the notification system.

For long-term secondments, the duration of the work permit depends on the specifics of the project but is typically issued for one year, with the possibility of renewal.

For employees on long-term permits, there is a residency requirement, meaning that they must primarily reside in Switzerland during their assignment.

Comparison: Posted-Worker Permits vs. Swiss Work Permits for Employees

Key Advantages of the Swiss Posted Worker Residence Permit

• Flexibility for Employers: The Swiss Posted Worker Visa provides flexibility for foreign companies to send senior employees or key workers to Switzerland without the need for immediate local hiring. This is particularly beneficial for businesses that want to test the Swiss market or establish a presence before committing to a full-scale operation.

• Cost-Effective Expansion: By retaining employees on the foreign employer’s payroll, businesses can avoid the costs associated with hiring locally in Switzerland while still establishing their presence and executing business projects. This reduces operational costs during the initial phase of business expansion.

• Short-Term Work Opportunities: The route allows for short-term assignments (up to 90 days), making it ideal for companies with temporary or project-based needs. This flexibility is particularly advantageous for companies engaged in seasonal or contractual work.

• Social Security & Tax Compliance: Compliance with Swiss social security regulations is streamlined, and businesses can navigate the complexities of tax laws through the notification system for short-term assignments, avoiding unnecessary bureaucratic hurdles.

• Potential for Longer-Term Residency: While this route does not directly lead to permanent residency, it provides a stepping stone for those wishing to establish longer-term business operations in Switzerland. Successful business operations may open the door to other work permits or residency options.

  
  

Key Challenges of Switzerland's Posted Worker Route

• Strict Labor Law Compliance: Employers must comply with Swiss labour laws, ensuring posted workers are paid according to Swiss salary standards and receive equivalent working conditions to local employees. This can be challenging for companies unfamiliar with Swiss labor regulations, requiring careful attention to detail.

• Time Limitations for Short-Term Secondments: The short-term secondment option is limited to 90 days per year. If the employee needs to stay beyond this period, the employer must apply for a work permit, which involves a more detailed process and requires additional documentation.

• Cantonal Variations in Approval Processes: Each canton in Switzerland has its own review and approval processes for work permits, meaning timelines and conditions may vary. Businesses may face delays in obtaining approval depending on the canton in which the employee will be stationed.

• Limited Pathway to Permanent Residency: The Swiss Posted Worker Visa does not lead directly to Swiss permanent residency (C Permit), which can be a disadvantage for employees looking for a long-term stay in Switzerland. Additional work permits and criteria will need to be met for permanent residency applications.

• Tax and Social Security Implications: Depending on the duration of stay, employees may become subject to Swiss tax and social security requirements. Companies need to navigate these financial obligations to ensure compliance with both Swiss regulations and international agreements on social security.

How Richmond Chambers Switzerland Can Help

At Richmond Chambers Switzerland, we provide expert guidance and support to businesses looking to navigate the Swiss Posted Worker Visa process.

Our professional service for overseas businesses looking to post an employee to Switzerland includes:

• Tailored Advice on Eligibility and Requirements: We help companies determine whether the Swiss Posted Worker Visa is the most appropriate route for their expansion or project needs. Our experts will ensure that your business meets all eligibility requirements and compliance standards.

  
  

• Assistance with the Application Process: Our team will guide you through the entire application process, from preparing the necessary documentation to submitting the work permit or notification application. We will ensure that the submission meets all Swiss legal and procedural requirements, reducing the chances of delays or rejection.

  
  

• Compliance with Swiss Labour Laws: We will provide ongoing support to ensure that your seconded employee's salary, working conditions, and social security compliance align with Swiss labour standards. Our advice will help minimise the risk of legal challenges and financial penalties.

  
  

• Navigating Cantonal Processes: With expertise in Switzerland’s cantonal systems, we can assist in managing the varying requirements for work permit applications across different cantons. We will ensure timely and accurate submissions, avoiding unnecessary delays.

  
  

• Tax & Social Security Planning: Our team offers strategic advice on the tax and social security implications for seconded employees, helping businesses mitigate financial risks and ensuring compliance with both Swiss and international laws.

  
  

• Long-Term Business Strategy: If you're planning for long-term growth in Switzerland, we can provide advice on transitioning from a Posted Worker Residence Permit to other work permits that offer a pathway to permanent residency. We help businesses plan for future success in Switzerland while ensuring compliance with all immigration and labour laws.

  
  

Contact our Immigration Lawyers in Switzerland

For expert advice and assistance, contact us today to discuss how we can assist your business with the Swiss Posted Worker Visa process and help you expand operations in Switzerland smoothly and compliantly. Contact our immigration lawyers in Switzerland at +41 21 588 07 70 or complete the enquiry form below.