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ARTICLE · 06 APRIL 2018

Rise In Investigations Into Foreign Project Workers

Ogletree, Deakins, Nash, Smoak & Stewart
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Many companies accept projects in Switzerland and have to send their employees to Switzerland in order to fulfill their contractual obligations.

European UnionEmployment and HR

Co-authored by Ueli Sommer of Walder Wyss

Many companies accept projects in Switzerland and have to send their employees to Switzerland in order to fulfill their contractual obligations. There has been a significant rise in the number of investigations by the Swiss authorities into the legality of these arrangements and an increase in the fines being levied for noncompliance.

EU Employers

As a result of treaties between Switzerland and the European Union (EU), EU companies may send employees to Switzerland for up to 90 working days per calendar year without the need for a work permit. It is important to note that the 90 days is on an aggregate basis for the company and not per employee. The rule only applies to EU citizens and third country nationals who have held a valid EU work permit for at least 12 months. For longer stays a proper work permit is required.

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