Secondment Agreement Switzerland
Switzerland has bilateral social security agreements with many countries outside the EU/EFTA. Currently, they are Australia, Bosnia and Herzegovina, Canada/Quebec, China (excluding Hong Kong, Macao and Taiwan), Chile, India, Israel, Japan, Macedonia, Montenegro, the Philippines, the Republic of San Marino, Serbia, South Korea, Turkey, Uruguay and the United States. For workers working in Switzerland or in the EU/EFTA sector and who are nationals of one of these states, coverage is generally subject to the EU/EFTA agreement. However, the agreement with the EU/EFTA does not apply to some smaller areas (for example. B the Channel Islands or Monaco). These areas are treated as non-party states. You will find a complete overview, often updated, in the guidelines of the Federal Office of Social Security, Appendix 15 (only in German, French or Italian). A secondment is made when a worker works for a certain period of time in another country on behalf of and on behalf of his or her employer. The employment relationship between the employer and the seconded worker continues for the duration of the secondment. The employer is always the one who decides the detachment.
Within the EU, the European Economic Area and Switzerland, secondment is only possible if most of the economic activity of employers takes place in their home countries. In addition, a staff member cannot be seconded to simply replace another seconded staff member. After an intro on the main conditions and legal bases of multi-activity in Switzerland, we now focus on the presentation of Roxane Zappella at the CAGI conference on the specificities and regulation of detachment. We will see that they differ between a delegation within the EU and EFTA and outside the European Union. Note: If a company sends an employee, even a week, to a seminar in Paris or London, we are in a position of detachment. The company must therefore take the necessary steps to apply for a certificate of secondment. In the event of an on-site check, accident or problem, the organization must be able to immediately prove who the person is and with which social security system it is insured. This is true from the moment the employee works in another place, even for a single day. Specific provisions were therefore introduced so that an exempt worker would not have a “gap” in his social security contributions, since membership in the workplace would require them to contribute in the country of their workplace. If an organization temporarily sends a worker abroad, even if he works abroad, he may remain bound for a certain period within the social security of his country of origin.