Foreign workers

In Switzerland, foreign workers are subject to specific laws and regulations to ensure that they enjoy the same rights and protections as Swiss workers.
Swiss employers must comply with these regulations when hiring foreign workers.
Foreign workers must be in possession of an appropriate work permit in order to work in Switzerland.
The federal laws on foreigners and integration (LEI) and the agreement on the free movement of persons (ALCP) regulate the employment of foreigners in Switzerland.

The LEI distinguishes between nationals of EU/EFTA member states and those of other states, known as third countries, including British nationals from January 1, 2021.
EU/EFTA nationals generally have priority over third-country nationals on the labor market.
As for the ALCP, it applies to all EU and EFTA citizens.
It is important to note that Croatian nationals wishing to work in Switzerland for a minimum of four months from January 1, 2023 must comply with a specific safeguard clause.

Work permits

EU/EFTA nationals do not need a residence permit to work in Switzerland for up to three months.
However, if the duration of work exceeds three months, they must obtain a residence permit before starting work.
To do so, they must provide a valid identity card or passport, as well as a document justifying their work, such as an employment contract or a certificate from their employer.
This residence permit is valid throughout Switzerland, and allows foreign workers to change jobs and employers.
Its period of validity depends on the length of the employment contract.

EU/EFTA nationals have access to four main types of residence permit in Switzerland:

• The L permit is a temporary residence permit for foreigners with a work contract of between three months and one year.
• The B permit is valid for foreign nationals working in Switzerland for one year or more.
  It is valid for a maximum of five years and may be renewed.
• The C permit is granted to foreigners who have lived and worked in Switzerland for five or ten years.
  It allows them to work without time restrictions and offers greater stability.
• The G permit is intended for foreign workers living in Switzerland’s neighboring countries and working in the country as cross-border commuters.
  They must return to their country of residence at least once a week.

In Switzerland, third-country nationals are only authorized to work if they are qualified, such as managers or specialists.
Even for short-term work, a work permit is required (art. 11 al. 1 LEI).
However, in order to obtain this authorization, the employer must prove that your arrival is in Switzerland’s economic interest (art. 18 LEI) and that it has not been possible to recruit a Swiss or EU/EFTA citizen.
It is important to note that a work permit does not replace a visa.

Regulations for foreign workers

Foreign workers in Switzerland are entitled to the same guarantees as Swiss workers in terms of minimum wage, working hours and safety at work.
Swiss employers are required to comply with rules on maximum working hours, breaks and days off, as well as paid vacations and social security benefits.

Foreign workers can benefit from special measures to facilitate their integration into the Swiss labor market, such as vocational training programs, language courses and continuing education programs.
However, they may be subject to immigration quotas depending on their nationality and sector of activity.
Like all workers resident in Switzerland, foreign workers are also subject to taxes and social security contributions.

Before a citizen of a third country can work in Switzerland, his or her admission must be judged in the country’s overall economic interest, taking into account factors such as the labor market situation, sustainable economic development and the foreign worker’s ability to integrate (art. 18 and 19 LEI).

In short, foreign workers in Switzerland enjoy similar rights and protections to Swiss workers, thanks to specific laws and regulations governing their work.
Swiss employers must comply with these rules to ensure fairness for all workers.