Too late registration of posted workers in Switzerland

/by

The 8-day preregistration deadline must be adhered to when an EU / EFTA based company is reporting on the work activities, in Switzerland, of a posted worker/s using the 90-days per posting company. When the deadline is not met the assignment/s must be postponed. Otherwise, the company can be sanctioned for a reporting offense. A short-term order, a tight schedule or a failure to timely report on mission are not  reasons for not complying with the 8-day pre-registration deadline.

The existence of an emergency must be made known when reporting the assignment (in the “Comment / Comments” field in the online registration). Emergencies must be justified in the notification. The assertion of an emergency situation is recognized by the cantonal authorities if, in particular, the following conditions are met cumulatively:

  • The assignment serves to remedy a sudden loss and aims to prevent further damage
  • The work is carried out immediately, but usually no later than three calendar days (including Sundays and public holidays) after the damage has occurred.

Include only the effective working days. That is, without Saturdays and / or Sundays and public holidays, if not worked on these days.

Please don’t hesitate to contact International HR Servies Ltd. for further quuestions to this subject.

Soon NO immigration from EU into Switzerland?

/by

The far right party in Switzerland is collecting signatures for a new popular initiative to cancel the free movement agreement with the EU.

Since the introduction of free movement of persons with the EU, Switzerland no longer determines who is allowed to come to Switzerland and who is not. The initiative seeks to change this. The limitation initiative would require that immigration  be regulated and controlled independently by Switzerland. The initiative would override the free movement of persons and if necessary terminate it. The Federal Council would be mandated to negotiate a suspension of the Agreement on the Free Movement of Persons with the EU within twelve months at the latest, after the adoption of this Initiative. If an agreement is not possible in this time, the agreement on the free movement of persons would be terminated within 30 days.

It is expected that this initiative will achieve the target of 100‘000 signatures in 18 months. The Federal Council and Parliament would approve it and it would be voted on, which could take place in about 2021 or 2022.

Already, the Federal Council is aware of the high probability of this initiative coming and is preparing the ground for restricting foreigners to the Swiss labor market where  possible according to today’s laws and agreements. It is expected, based on previous experiences with initiatives, that the Swiss voters will vote concerning this limitation initiative on an emotional level, if they feel that the Government should let only the “right” foreigners enter so that the foreigners are integrated and don’t increase crime in Switzerland.

Please don’t hesitate to contact us with further questions on the tighter application of the law and regulations for immigration.

International HR Seminars in 2018

/by

Stay up to date concerning inbound and outbound subjects in International Human Resources Management!

Restriction of foreigners and Swiss nationals in hiring

/by

On December 8th, 2017, the ordinance implementing the constitutional article on the management of immigration (Art. 121a BV) was adopted in Bern. In particular, the law provides for the introduction of a job posting obligation in those areas of employment where the unemployment rate reaches or exceeds a certain threshold. The Federal Council has now decided on a staggered approach: From 1 July 2018, a threshold of 8 percent and from 1 January 2020 a threshold of 5 percent will apply. This job posting requirement applies – irrespective of whether foreign applicants are expected – for all positions of the professions concerned. Thus, every company in Switzerland should familiarize themselves with the regulations and check whether they are to be applied before the tendering procedure.

It is introduced in a first step in those occupations in which the total Swiss average annual unemployment rate reaches or exceeds 8 percent. As of January 1, 2020, this threshold will be lowered to 5 percent. This job posting requirement applies – irrespective of whether foreign applicants are expected – for all positions of the professions concerned.

As of July 1st, 2018, this is expected to affect the following occupations (forecast based on 2016 numbers):

  • Concrete Builders, Masons, Construction Workers
  • Welders and Metal Workers
  • Insulators
  • Warehouse staff
  • Painters, Decorators
  • Machinists, Tool Makers
  • Housekeeping staff
  • Service personnel
  • Kitchen staff
  • Domestic operations manager, Maid
  • Biologists
  • Marketers / Marketing specialists

The Federal Council has also decided that the information on the notified bodies will only be accessible to jobseekers registered with the PES (public employment service) and employees of the PES within a period of five working days. This gives jobseekers a head start on the job market, which they can take advantage of by quickly and independently applying for vacancies. In addition to this information advantage, the PES sends appropriate dossiers to the employers within three working days. These employers invite suitable jobseekers to a job interview or an aptitude test and inform the PES if they are hired.

This measure also provides for a better integration of refugees. Job Seekers and Recognized Refugees eligible for the Labor Market and provisional beneficiaries receiving social assistance will be reported to the PES. This gives them a better chance of being integrated effectively and sustainably into the Swiss labor market.

For further questions on this topic please contact International HR Services Ltd.. For affected companies, we are happy to put together more information.

1 Swiss Immigration Law – application in 26 different cantons

/by

Switzerland, officially the Swiss Confederation, is a federal republic in Europe and consists of 26 cantons. Switzerland has one law regulating immigration, the so called Federal Act on Foreign Nationals FNA. This Act regulates the entry and exit, residence and family reunification of foreign nationals in Switzerland. It regulates especially the application process for Non-EU/-EFTA passport holders. The application of the FNA is the responsibility of the cantons, in other words the process can vary if an application for an Indian citizen is submitted in Zürich, Basel or Geneva. The differences can be in;

  • the cantonal form,
  • required signatures,
  • required enclosures,
  • depth of required proofs to be submitted that no suitable domestic employee or citizen of states with which an agreement on the free movement of workers has been concluded, has been found,
  • quotas,
  • processing time (varies between 2 weeks to 3 months).

Companies who have legal entities in different cantons should consider where they employ and apply for a working permit for a Non-EU/-EFTA passport holder. THEN, when they get a permit in one canton, the person could work in the whole of Switzerland!

For further questions to this matter and the Swiss work permit application process please do not hesitate to contact International HR Services Ltd.

Swiss working permits for spouses

/by

Spouses of EU / EFTA citizens are free to work in Switzerland and can take on work any time. Should the partner leave Switzerland they can stay and continue to work.

Spouses of citizens of third countries (outside EU / EFTA) and being themselves not EU / EFTA citizens can work in Switzerland and stay as long their partner / the first permit holder works in Switzerland. They must be legally married. It doesn’t matter if the first permit holder is expatriated to Switzerland or locally employed. Should the first permit holder be expatriated to Switzerland and stay employed abroad the spouse can accept a Swiss working contract. Should the first permit holder leave Switzerland the permit of the spouse will be ceased. In this situation, the employer of the spouse would need to take on the process of advertising the job and do a broad search, because to keep the spouse in the job an independent quota for the permit is needed. Some cantons are fine without a search process to give the spouse an independent permit, other cantons proceed strictly according to the law and request a broad search and proof that no one else suitable was found in Switzerland and EU /EFTA.

Should a couple divorce, where one was Swiss or a C permit holder and the spouse citizen from a third country, the spouse will lose the permit if they weren’t at least 3 years married and living in the same household.

For further questions to this subject please don’t hesitate to contact International HR Services Ltd..

Fake news about Romanians and Bulgarians

/by

You may have read in the news this week that Switzerland has restricted access for Romanians and Bulgarians to the Swiss labor market. Well, not really, the Swiss Federal Council has restricted the issuance of 5 year B permits to a quota of 996 over the next 12 months. Can a Romanian or Bulgarian work in Switzerland when the quota has been filled? YES, always, because a one year L permit can be issued and prolonged without any restrictions.

For further questions please don’t hesitate to contact International HR Services Ltd.

Control of US work permits

/by

US work permits are being controlled during stay in US

In the current climate of increased immigration enforcement, employers may see more worksite inspections by USCIS anti-fraud officers verifying the employment of foreign workers.

There can be unannounced inspections of the worksites of employers who sponsor foreign workers.  The purpose of a site inspection is to verify the existence of the employer, check the truth of the information provided by the employer in its immigration petitions and ensure that sponsored workers are complying with the terms of their admission to the United States.
They can be focusing principally on H-1B and L-1A employers. But according the Trump Administration there are plans to broaden the program in the near term to cover the L-1B specialized knowledge category and in the longer term to all immigration categories.

What can happen during an inspection?
During a site inspection, an FDNS officer will verify the contents of a specific immigration petition, usually by visiting the work location listed in the petition. The officer may ask to speak to a human resources manager or other company representative, the foreign worker and his or her direct supervisor or manager. The officer may ask for a tour of the premises and request documents like payroll records and organizational charts. After a site visit, the officer may contact the employer by phone or email to request additional information. If there appears to be a discrepancy between the petition and the information gathered during the visit and in subsequent communications, USCIS may notify the employer of its intent to revoke the petition.  If that occurs, the employer will have the opportunity to explain any perceived inconsistencies.  If there have been material changes to the foreign worker’s job or conditions of employment since the approval of the petition, the employer may need to file an amendment with USCIS.

What can the employer do?
Your organization should make sure it is prepared for a visit. An appointed person should be designated at each worksite where a sponsored foreign national is employed. Receptionists and security personnel should be instructed about receiving officers. Foreign nationals and their managers should also be advised of the possibility of a site inspection and what to expect.

If you have further questions concerning this topic feel free to contact us at International HR Services Ltd..

China work permits

/by

Process for work permits for China has changed!

There have been major changes in terms of the work authorization process for China.
There is a New China Unified Work Authorization Process for Foreign Nationals:

  • Online information platform
  • Three categories of foreign workers working in China

The Chinese government decided to try out the new process from November 2016 to March 2017 in Beijing, Tianjin, Shanghai, and provinces of Hebei, Anhui, Shandong, Guangdong, Sichuang, Yunnan and the Ningxia Hui Autonomous Region

From April 2017 it is planned to roll it out nationwide.

For new applications a company must be registered under the new online system. Once the company registration is complete, the company then can sponsor the work authorization application.

If you have further questions concerning this topic feel free to contact us at International HR Services AG.

 

 

 

Croatia

/by

Inclusion of Croatia in the free movement agreement FZA with Switzerland

The agreement on the free movement of persons to Switzerland, FZA, will be extended to Croatia, according to the decision on January 16th, 2016,  in the Swiss Parliament in Bern.

Croatia joined the EU on July 1st,  2013. For each enlargement of the EU, the agreement between Switzerland and the EU must be adapted first (through an additional protocol). The enlargement of the FZA to Croatia was negotiated in Protocol III, which has been now adopted and will enter into force on January 1st, 2017. This provides, after a 10-year transitional regime, full freedom of movement with Croatia.

The appropriate authorities in the cantons will be instructed by the State Secretariat for Migration (SEM) on the applicable provisions during the transitional regime.

For further questions on this topic, please contact International HR Services Ltd.