Switzerland: Foreign Employers Face Sanctions in Case of Non-compliance with Local Working Conditions

In case of a posting to Switzerland, the foreign employer must respect the following requirements:

  • Posted workers must be notified at least 8 days before the start date of the assignment in Switzerland
  • For the entire duration of the posting, minimum working and wage conditions must be respected
  • The foreign employer must bear housing, boarding and travel costs
  • Self-employed service providers must proof their status of self-employed workers

Foreign employers may face administrative penalties in case of violations of these obligations.

  • Violation of the notification obligation – up to Sfr5,000;
  • Violation of the minimum working and wage conditions – up to Sfr30,000 and/or a one to five-year ban on providing services;
  • Violation of housing regulations – up to Sfr5,000;
  • Violation of the documentation obligation for self-employed workers – up to Sfr5,000.

For serious offences, competent authorities may impose criminal penalties, such as in the case of providing false information or opposing the control of the competent authority.

More importantly, a fine of up to Sfr 1 million must be paid for systematic violations against minimum working and wage conditions.

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