SWITZERLAND Law and Practice Contributed by: Philippe Nordmann, Irène Suter-Sieber, Jonas Knechtli and Gustaf Heintz, Walder Wyss
do not affect the employees’ health and freedom of movement.
Once the employer has submitted the application for the respective employee with all necessary docu - ments, the cantonal labour office will assess it and, if approved, forward it to the federal immigration author - ity where, in the case of a positive decision, the work permit will be granted. Upon further request, the resi - dence permit (permit L or B) is issued by the cantonal migration office.
4. Foreign Workers 4.1 Limitations on Foreign Workers
In Switzerland, a dual system exists for the admission of foreign workers to the local labour market. Nation - als of member states of the European Union and the European Free Trade Association (“EU/EFTA nation - als”) benefit from the Treaty of Free Movement (TFM) and generally do not need to meet special require - ments in order to be permitted to work in Switzerland. However, as a matter of principle, the nationals of oth - er countries (“third-country nationals”) may only be granted access to the Swiss labour market as employ - ees if they meet the strict requirements according to the Swiss Foreigners and Integration Act. 4.2 Registration Requirements for Foreign Workers EU/EFTA nationals wanting to engage in a remuner - ated activity in Switzerland according to the TFM are granted a residence permit, which automatically includes a work permit. After immigration to Switzer - land, they must register at the community office of the future place of residence and apply to the responsible cantonal authorities for the residence permit. Subject to the presentation of a respective employment con - tract and depending on the duration thereof, either a short-term residence permit L or a residence per - mit B (for durations of one year or more) is generally granted. Cross-border commuters who do not have their main residence in Switzerland and who return to their home country at least once per week may apply for a special cross-border permit for the duration of five years. All three permits may be extended. Under certain circumstances, an application for a resi - dence permit is not required of EU/EFTA nationals. In such instances, a prior online notification via the so- called notification procedure suffices (eg, in the case of a temporary employment contract with a Swiss employer with a duration of less than three months). Third-country nationals primarily have to apply for a work permit before a residence permit will be issued.
5. New Work 5.1 Mobile Work Need for a Parties’ Agreement
As a matter of principle, mobile work is subject to a parties’ agreement – ie, there is neither a general employee’s right to mobile work nor a general employ - ee’s obligation to mobile work. Temporary exceptions to this may apply in exceptional situations (eg, during pandemics or to accommodate specific health needs). Equipment, Materials and Expenses Subject to an agreement or customary practice to the contrary, work equipment and materials shall be provided by the employer. However, the parties may agree that the employee must provide these without any compensation. However, necessary work-related expenses (includ - ing rent, electricity, internet, etc) must be mandatorily borne by the employer. No necessity is assumed if the employee’s mobile working is at their own request and a permanent and suitable workplace is available in the office. Data Privacy and Confidentiality Mobile work may result in the application of addi - tional data protection laws. In addition, the employee remains bound by their statutory duty of confidential - ity irrespective of their place of work (see 1.5 Other Employment Terms ). Occupational Safety and Health The employer is obliged to take all reasonable meas - ures to protect the physical and mental health of all their employees, including mobile workers. Within its scope of application, this also includes compliance with the health protection, working time and rest peri -
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