Quote:
Originally Posted by Przemolog
Now it's just a plastic ID card (credit card format) valid in EU, Norway, Iceland and (not 100% sure) Switzerland.
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Free movement: Switzerland
Information on the transitional rules governing the free movement of workers from, to and between the new member states
In the Member Countries of the European Economic Area (EEA) the free movement of workers is a fundamental right which permits nationals of one EEA country to work in another EEA country on the same conditions as that member state's own citizens.
During a transitional period of up to 7 years from 1 May 2004, certain conditions may be applied that restrict the free movement of workers from, to and between the new member states (2).
These restrictions only concern the freedom of movement for the purpose of taking up a job and they may differ from one member state to another.
By selecting a country in the list below you will find out which rules apply in that country to job seekers from other member states.
(2) - Cyprus - Czech Republic - Estonia - Hungary - Latvia - Lithuania - Malta - Poland - Slovakia - Slovenia
Conditions and procedures governing the gainful employment in Switzerland of nationals of the ten new Members States of the EU (with the exception of Cyprus and Malta)
The protocol for extending bilateral agreements (between Switzerland and the European Union) to the ten new EU Member States entered into force on 1 April 2006. For citizens of these ten new Member States, however, certain restrictions on taking up employment in Switzerland are still in place.
What are the procedures for employing a national of one of the ten new Member States of the EU (with the exception of Cyprus and Malta)?
-As an employer, you must contact the relevant authority, generally speaking the labour market authority, and apply for a work permit for the person whom you wish to employ.
-You must also respect the working and salary conditions in force in your branch and in the profession of the person for whom you are applying for a permit. Applications will be subject to annual quotas, in particular as regards unskilled jobs in the agricultural sector.
-You may apply for either a residence permit of up to 12 months or up to five years. If you wish to employ a person for less than four months for an unskilled position, you may only do so if the quotas for permits are not full. The same applies if you wish to employ said person for more than four years.
N.B.: All citizens of Poland, Hungary, the Czech Republic, Slovenia, Slovakia, Lithuania, Estonia or Latvia require a residence/work permit even if the duration of their employment is for less than three months. They must be in possession of a residence/work permit from the first day of taking up employment.
What are the procedures for employing a self employed worker to provide services in Switzerland?
Self employed workers from the new Member States of the EU shall be subject to the same conditions as those of the old Member States. Self employed workers will only be subject to quotas up until 31 May 2007. As his/her representative, you need only ensure that the person has registered with the relevant authorities.
Conditions for carrying out gainful employment in Switzerland if you are a national of the ten new Member States of the European Union, except Cyprus and Malta.
The protocol for extending bilateral agreements (between Switzerland and the European Union) to the ten new EU Member States entered into force on 1 April 2006. For citizens of eight new Member States, however, certain restrictions on taking up employment in Switzerland are still in place.
If you wish to work as a salaried employee, you must find an employer who has been authorised to employ nationals of the ten new Member States.
In order to receive this authorisation, the employer in Switzerland must prove that he has made efforts to recruit from the domestic labour market and that he has not found suitable workers (from among Swiss or foreign workers in the Swiss labour market). The employer must respect the working and salary conditions in force in his branch and in the profession. Applications will be subject to annual quotas, in particular as regards unskilled jobs in the agricultural sector.
What to do
As a salaried worker it is not up to you to obtain a residence permit. Rather, it is the employer who submits the application to the relevant local authority (generally speaking, where the labour market is located). The employer may apply for either a residence permit of up to 12 months or up to five years. In order to employ you, the employer must meet the above conditions. If the employer wishes to employ you for less than four months for an unskilled position, he may only do so if the quotas for permits are not full. The same applies if he wishes to employ you for more than four years. As regards entry into Switzerland, you require a valid national passport or identity card.
N.B.: if you are a national of one of the following countries: Poland, Hungary, the Czech Republic, Slovenia, Slovakia, Lithuania, Estonia or Latvia, you require a residence/work permit even if the length of your employment is under three months. You must be in possession of said residence/work permit from the first day of taking up employment.
If you wish to work in Switzerland as a self employed person.
Self employed workers from the new EU Member States shall be subject to the same conditions as those from the old EU Member States. As a self employed worker, you will only be subject to quotas up until 31 May 2007.
Conditions for carrying out gainful employment in Switzerland if you are a citizen of the former EU 15 Member States or the EFTA countries, including Malta and Cyprus.
The various agreements signed between Switzerland and the former EU 15 Member States include the agreement on the free movement of persons. It concerns salaried workers, self employed workers, service providers, recipients of services and non active persons (retired persons, students, etc.)
If you wish to work in Switzerland, you are entitled to go there for a maximum of six months to seek employment. Once you have an employment contract or a declaration of employment from an employer or if you can prove that you carry out a self employed activity, you may obtain a residence permit. This permit will be issued to you for the length of your employment contract and is renewable. If the your contract is for less than 12 months, your residence permit may be extended for up to 12 months.
If you carry out a self employed activity, you do not require a residence permit if you provide services for less than 90 days, but you must register with the relevant local authorities (
www.bfm.admin.ch/index.php?id=364&L=1#2544) in the place where you supply your services. If you provide services for more than 90 days, you will receive a residence permit for the time taken to provide your services.
Conditions for Swiss citizens carrying out an activity in the Member States of the European Union and the EFTA countries.
The agreement signed between Switzerland and the European Union allow Swiss citizens to seek employment in EU and EFTA countries.
If you are a Swiss national, you are entitled to go to those countries for six months to seek employment. Once you have an employment contract or a declaration of employment from an employer, or if you can prove that you carry out a self employed activity, you may obtain a residence permit. As regards entry requirements, you need a valid national passport or identity card.
Restrictions applicable to service providers
- For the ten new Member States of the EU (except Cyprus and Malta)
The provision of services for a maximum duration of three months (90 days) per calendar year is subject to a procedure of announcement.
www.bfm.admin.ch/index.php?id=307&L=1
www.bfm.admin.ch/index.php?id=
except in the case of cross-border service providers (up to 90 days) in certain sectors (construction, industrial cleaning, security, horticulture), who are subject to the restrictions in force on the labour market (priority to workers integrated into the regular labour market, prior verification of wages and application of the Swiss criteria regarding qualifications). A residence permit is generally necessary. You can find out more about the restrictions on the website of the Federal Office for Migration.
www.bfm.admin.ch/index.php?L=1