Work over 90 days for foreign workers

Subcontracting to a foreign company implies that the company deploys foreign personnel on Swiss territory. In this context, there are two possible scenarios:

• the benefit exceeds 90 days
• the benefit is less than 90 days

If we go into more detail about the provision of services for more than 90 days, we are talking about services provided by self-employed persons or companies from the EU/EFTA who are established in the EU/EFTA. The required duration must be more than 90 working days per year or 3 successive months. These companies are subject to permission and regulated according to the organizations of the federal law on foreigners. The decree on the entry, residence and performance of a profitable activity is also taken into account.

In order to be able to work according to the rules, it is necessary to file a request for permission to work. This application must be filed with the SEC through a certified form and a letter of motivation. For subcontracted work in excess of 90 days, a review of this request is conducted by the foreign labor area. The OCIRT (Office cantonal de l’inspection et des relations du travail) is then in charge of this study where it follows the arrangements of the OASA and the LEtr.

About the essential documents, you will need to provide:

• The EU2 application form, available on the SEC website (Foreigners and Confederates Service)
• A letter of motivation citing the time and place of performance
• The agreement for the provision of services
• Data on the company and its employees through 2 OCIRT forms

If the notice issued by the OCIRT is suitable, a work permit will be provided by the SEC and it will be possible to start an activity.