Lesson 3: Employment law
1 Introduction and definitions
employment law (labor law)
the body of laws, administrative rulings, and precedents that address the legal rights of, and
restrictions on, working people and their organizations
foreign employee
a closed-end or open-end employment contract who work and live outside of their country
of origin
not included: cross-border commuters and business trips
relocation agreement
temporary transfer of employees to another country to another job or post within the same
organization
international employment law
international agreements in the field of labor that help prevent international competition
from taking place to the disadvantage of workers and that constitute a kind of code of fair
competition between employers and between countries
the International Labor Organization (ILO)
-responsible for drawing up and overseeing international labor standards, responding to a
growing number of needs and challenges faced by workers and employers in the global
economy
-the main aims are to promote rights at work, encourage decent employment opportunities,
enhance social protection, and strengthen dialogue in handling work-related issues
2 Employment law in Switzerland
entry for foreign employees
reasons for Switzerland being an attractive location:
• European business center
• international business community
• efficient transportation
• quality of life
• qualified labor marker and flexible employment legislation
• government stability
• relationship with tax administration
criteria: valid permit, adequate housing opportunity, visas
Lesson 3 1/8
, work permits
-dual system for the admission of foreign workers
-Agreement on the Free Movement of Persons (EU/EFTA): only a limited number of
management-level employees, specialists, and other qualified employees are admitted from
all other countries
-an initiative to stop mass immigration
-work permits are issued by the respective Cantonal Office of Industry and Trade & Labor
-permits are only valid for the canton they are issued (for non-EU/EFTA citizens)
EU/EFTA citizens
subject to the Agreement on the free movement of persons
non-EU/EFTA citizens
-the employer must first prove that no Swiss citizen and no national from an EU/EFTA
country can be found to occupy the vacant position, that the foreign employee’s
qualifications are adequate, and the working and salary conditions are met
-the number of permits issued is limited
residence permits
-duration of stay to live and work is limited
-several types of permits are available
-for EU/EFTA nationals, the rules are less restrictive
a) short-term permit (L-permit)
EU/EFTA citizens
-duration is 12 months
-granted to persons with a limited employment relationship of less than one year
non-EU/EFTA citizens
-permit does not exceed one year the first time
-can be renewed on an annual basis
b) initial residence permit (B-permit)
EU/EFTA citizens
-granted to persons with an unlimited employment relationship or min. 12 months
-valid for 5 years with an automatic extension
non-EU/EFTA citizens
-permit does not exceed one year the first time
-has to be renewed on an annual basis
Lesson 3 2/8
1 Introduction and definitions
employment law (labor law)
the body of laws, administrative rulings, and precedents that address the legal rights of, and
restrictions on, working people and their organizations
foreign employee
a closed-end or open-end employment contract who work and live outside of their country
of origin
not included: cross-border commuters and business trips
relocation agreement
temporary transfer of employees to another country to another job or post within the same
organization
international employment law
international agreements in the field of labor that help prevent international competition
from taking place to the disadvantage of workers and that constitute a kind of code of fair
competition between employers and between countries
the International Labor Organization (ILO)
-responsible for drawing up and overseeing international labor standards, responding to a
growing number of needs and challenges faced by workers and employers in the global
economy
-the main aims are to promote rights at work, encourage decent employment opportunities,
enhance social protection, and strengthen dialogue in handling work-related issues
2 Employment law in Switzerland
entry for foreign employees
reasons for Switzerland being an attractive location:
• European business center
• international business community
• efficient transportation
• quality of life
• qualified labor marker and flexible employment legislation
• government stability
• relationship with tax administration
criteria: valid permit, adequate housing opportunity, visas
Lesson 3 1/8
, work permits
-dual system for the admission of foreign workers
-Agreement on the Free Movement of Persons (EU/EFTA): only a limited number of
management-level employees, specialists, and other qualified employees are admitted from
all other countries
-an initiative to stop mass immigration
-work permits are issued by the respective Cantonal Office of Industry and Trade & Labor
-permits are only valid for the canton they are issued (for non-EU/EFTA citizens)
EU/EFTA citizens
subject to the Agreement on the free movement of persons
non-EU/EFTA citizens
-the employer must first prove that no Swiss citizen and no national from an EU/EFTA
country can be found to occupy the vacant position, that the foreign employee’s
qualifications are adequate, and the working and salary conditions are met
-the number of permits issued is limited
residence permits
-duration of stay to live and work is limited
-several types of permits are available
-for EU/EFTA nationals, the rules are less restrictive
a) short-term permit (L-permit)
EU/EFTA citizens
-duration is 12 months
-granted to persons with a limited employment relationship of less than one year
non-EU/EFTA citizens
-permit does not exceed one year the first time
-can be renewed on an annual basis
b) initial residence permit (B-permit)
EU/EFTA citizens
-granted to persons with an unlimited employment relationship or min. 12 months
-valid for 5 years with an automatic extension
non-EU/EFTA citizens
-permit does not exceed one year the first time
-has to be renewed on an annual basis
Lesson 3 2/8
