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Posting workers to Switzerland
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What is the posting of workers to Switzerland?
Posting workers to Switzerland is the process by which an EU or EFTA company temporarily sends its employees to perform services in Switzerland. This process requires meeting strict formal requirements, including:
reporting of posting in the cantonal system (so-called registration procedure),
compliance with local regulations regarding wages, working hours and rest periods,
ensuring compliance with occupational health and safety regulations and social security,
appointing a representative in Switzerland to contact the authorities.
How to legally post workers to Switzerland – step by step
- Employee registration at least 8 days before the commencement of services (except in special cases described below).
- Obtaining an A1 certificate confirming coverage by the insurance system of the sending country.
- Reporting to the social insurance institution if the posting period exceeds 90 days.
- Ensuring compliance with sectoral and cantonal regulations regarding wages, working hours and benefits.
- Appointment of a representative to represent you before the Swiss authorities.
- Securing employee documentation for possible on-site inspection.
- Meeting health and safety and working time requirements in accordance with local regulations.
Exception to reporting – 8 days per year
In selected industries, it is possible to provide services in Switzerland without the obligation to report if the total working time does not exceed 8 days in a calendar year.
Violation of registration regulations – even in the case of short-term services – may result in an administrative fine of up to CHF 30,000 per employee and a ban on providing services in Switzerland.
Employer's obligations
The employer posting workers to Switzerland bears full responsibility for ensuring the legality of the entire process. Among other things, they must:
- comply with Swiss regulations on remuneration, working hours, rest periods and allowances,
- take care of preparing the employment contract, schedule and documents confirming the terms of employment,
- update notifications in the event of an extension of stay.
Failure to meet these obligations may result in:
- a ban on further provision of services in Switzerland,
- entering the company on the sanctions list (Sanktionsliste),
- financial penalties ranging from several to several tens of thousands of Swiss francs.
Minimum wage and employment conditions
In Switzerland, there are industry-specific and cantonal regulations that specify minimum wages and other benefits for employees in specific professions, including:
- steel structure and pipeline fitters,
- welders,
- construction workers,
- electricians, plumbers, installers, etc.
Failure to comply with minimum wages is considered a serious violation of the law, punishable by a fine and an order to pay compensation to the employee.
Representative in Switzerland
It is required to appoint a contact person in Switzerland (representative) responsible for:
- contact with control authorities,
- presentation of documentation (contract, A1, payroll, working time records),
- translation of documents into German, French or Italian (depending on the canton).
Failure to appoint a responsible person on site may lead to immediate service interruption and an administrative fine.
DeleGO offers full representation services in Switzerland – guaranteeing compliance with regulations and administrative security during audits .
Reporting to the social security institution in Switzerland – what is worth knowing?
If the posting exceeds 90 days (in a given year), the company is obliged to:
registering the employee in the Swiss system and obtaining a work permit,
possible payment of local insurance premiums (if A1 is not valid or has not been issued).
Failure to report to the relevant institutions after exceeding the 90-day limit may result in a demand for payment of overdue contributions with interest.
Controls and sanctions in Switzerland
Swiss authorities carry out regular on-site inspections , especially in high-risk sectors (construction, industry, installations).
The inspections include, among others:
correctness of the application,
compliance with local regulations regarding working hours and pay,
employment documentation and hour records.
The most common sanctions:
up to CHF 30,000 fine for failure to report or illegal working conditions,
ban on providing services for up to 5 years,
publication on the sanctions list.
However, our many years of experience show that any situation can be resolved – provided a quick and informed response is made. In Switzerland, the principle of proportionality of penalties to the nature of the violations applies, which allows for clarification and correction.
If you're unsure how to handle these requests or need comprehensive assistance, contact us. Together with our lawyer, we'll develop a legally compliant, secure delegation model tailored to your business.
Delegation of foreigners to Switzerland
Employees posted to Switzerland must be legally employed in the sending country and have a valid A1 certificate confirming their coverage by the social security system in that country. In the case of employing third-country nationals (from outside the EU/EFTA), they must also meet the labor market access requirements – both in the sending country and in Switzerland.
In the absence of appropriate permits or doubts as to the legality of the employee's stay and employment, the Swiss authorities may refuse the right to work , and the employer bears financial and administrative responsibility.
At DeleGO, we help verify the legality of the employment of foreigners, especially non-EU citizens , and prepare documentation in accordance with the requirements of local offices to avoid the risk of refusal or punishment.
Posting self-employed persons to Switzerland and joint responsibility for subcontractors
When implementing projects in Switzerland involving subcontractors or self-employed individuals, special caution is required. Swiss law strictly verifies that self-employment is not bogus and that the person providing the services is truly conducting an independent business activity, bearing the economic risk, and acting in their own name.
If a self-employed worker operates in a manner similar to that of a salaried employee (permanent workplace, subordination, regular hours), they may be classified as "falsely self-employed." In this case, both the company using their services and the client may be held liable.
Additionally, the main company (donneur d'ordre) in the subcontracting chain is jointly responsible for compliance with the labour and wage regulations of all employees on the construction site or place of service provision – regardless of whether they are direct employees or employees of further subcontractors.
Cooperation with DeleGO allows you to minimize the risk of joint and several liability – we help verify the legality of the subcontracting chain, analyze contracts and prepare appropriate protection clauses.
Secondments to Switzerland, what's worth talking about remember?
The posting notification must be submitted at least 8 working days before the start of work – otherwise, severe administrative sanctions may be imposed.
In some industries it is possible to benefit from an exception of 8 days per year without reporting – however, this does not apply to the construction, installation or industrial sectors.
Each employee must have an A1 certificate confirming that they are covered by insurance in the sending country – the lack of a document may result in questioning the legality of their employment.
A representative in Switzerland is a mandatory contact point for offices and inspections – failure to do so may result in a fine or suspension of work.
Salary rates are determined by cantonal and sectoral regulations – payment below the minimum may result in financial sanctions and inclusion on the sanctions list.
After 90 days of work in a year, the employee must be registered with AVS and their contribution obligations considered – exceeding this deadline without reporting exposes the company to additional payments and inspections.
When using self-employed workers or subcontractors, the contracting company may be jointly and severally liable for violations of labor law and health and safety regulations.
In the event of an inspection, you must be able to immediately present: the application, A1, contract, working time records, payment confirmations and representative details.
The standard posting period is 90 days, but it is possible to exceed it – provided that additional formalities are met.
Swiss law is strict but proportionate – in case of problems, it is possible to clarify the situation and avoid the most serious consequences.
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