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Work permits

Work permits for employees

4min

⚡TL;DR

  • No work permit is required to work up to 8 days a year in Switzerland.
  • EU/EFTA nationals have a right to obtain a work permit if they have a valid employment agreement in Switzerland.
  • Non-EU/EFTA do not have a right to obtain a permit. The requirements notably are that there must be available quotas and that the applicant must be a highly skilled professional. Besides, the employer must demonstrate that no other Swiss or EU/EFTA national could have been hired instead.
  • Book a free call with us.

Any foreigner wanting to work in Switzerland for more than 8 days per calendar year must be granted a work permit by the authorities (Cantons & Confederation)

  • L-permits are granted for 3-12 months.
  • B-permits are granted for one year or more.

For employees, the duration of a work permit is usually linked to the duration of the employment agreement.

However, in practice, authorities may also grant L permits to a permit seeker who signed an open-ended employment agreement with a growing company. The reason behind it is that the authority wants to ensure that the start-up will grow according to its business plan for the coming years before issuing a B permit to its employees.

EU/EFTA nationals have access to an easier procedure to be granted Swiss work permits. Indeed, the agreement on the free movement of persons grants them an actual right to obtain a work permit. In other words, any EU/EFTA national who can prove his/her identity and demonstrate having a domicile in Switzerland as well as a valid employment contract to work in Switzerland will be granted a work permit.

Non-EU/EFTA nationals do not have a right to obtain a work permit. To obtain a work permit, the following requirements must be fulfilled:

  • The relevant Canton must have freely available quotas or be able to obtain some from the Confederation.
  • No other Swiss national, people with a valid Swiss work permit, or EU/EFTA national would have been a similarly suitable candidate for the position (preference).
  • The salary and employment conditions (holidays, working hours, etc.) under which the permit seeker will be employed must be adequate for what is locally customary in the relevant position.
  • The permit seeker must be highly qualified. This notion notably entails specialists and managers. In practice, a key criterion is the future salary of the permit seeker – a yearly base salary above CHF 100'000 usually indicates high qualifications. Bonuses and equity are not taken into consideration for the fulfillment of this requirement.
  • The permit seeker must have suitable accommodation in Switzerland, including sufficient rooms for family members who may join her/him.

LEXR Tip

Make sure to publish the job opening and keep track of all people who applied, of their nationalities, and of the reasons why they were not the right fit.

EU/EFTA nationals

The procedure is rather straightforward. The employee must directly apply to the respective Cantonal authority, which usually provides an online platform, in order to start the process.

Non-EU/EFTA nationals

The employer (i.e., the company) must apply for a work permit for their future employees. When doing so, they need to provide the authorities with all the relevant documents, such as the employee's CV, diplomas, passport, etc., as well as the signed employment agreement for future employment.

Best practices

Right to work: All employees are validly allowed to work in Switzerland. This also includes EU/EFTA nationals, cross-border workers, and diplomats' family members.

Future employees: For each new position where a non-EU/EFTA national is considered, a list of all applicants, their nationalities (CH; EU/EFTA; non-EU/EFTA) is made and the reason why each employee was not the right fit is noted.

Employment agreement: When signing an employment agreement that must be sent in the work permit application process, a clause saying that this employment relationship is subject to the successful grant of a work permit for the employee is included.

Book a call here to discuss how to optimize your chances of getting a work permit for your employees.

Read more on the LEXR blog

https://www.lexr.com/en-ch/blog/how-to-get-a-swiss-work-permit-1-2/

https://www.lexr.com/en-ch/blog/how-to-get-a-swiss-work-permit-2-2/











Updated 13 Dec 2024
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