A foreign company can send its staff to Switzerland to provide services. How does this service work? What benefits do workers receive?
The offer of service, commonly known as provision of service, is the employment of service of a company or of some employees of a company in the service of another company established in Switzerland. This benefit should not exceed 90 days. These 90 days can be divided into working days or three months in the calendar year. It is mandatory for the company to advertise if the service offered lasts more than eight days in the calendar year. Whether the activity takes place successively or is spread over the year, notification is mandatory if the service exceeds eight days of the calendar year.
Companies and service providers from the EU-25/EFTA are obliged to register from the first day of their service. These providers must be in one of the following categories:
EU/EFTA companies that post workers from third countries to Switzerland are obliged to disclose them. These workers must be regulars on the labor market of one of the European Union or EFTA Member States. It is best if they have considerable experience. These cases usually occur when they have lived for at least twelve months in one of these countries. In addition, a residence permit must be obtained from the Service Etrangers et Confédérés (SEC) in accordance with the provisions of the Federal Law on Foreigners (LEtr) and the Ordinance on Admission, Residence and Employment (OASA).
Indeed, it is possible to make an announcement online. Employers who post workers, as well as service providers operating in Switzerland, must register online at www.geneve.ch/ocirt (under Bilaterals, Registration procedure).
Provisional access to certain regulated professions, including the health sector, is also subject to prior authorization. This request for authorization must be made before the start of the activity in these areas. The registration procedure does not apply to the activities of employment agencies and service leasing companies, nor to financial services that require prior authorization on Swiss territory and whose provider is under the supervision of the authorities. The competent authorities are the only ones authorized to legally control and inspect the provider.
Service providers can contribute to the development of Swiss companies while also developing their business. This exchange allows the two companies to create an economic cooperation link.
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