Labour Leasing License Switzerland
How to apply for a labour leasing license in Switzerland
Do you wish to setup the private placement company and/or lease your employees to Swiss companies? You have to be aware, that the Swiss market is regulated to protect its workers by the State Secretariat for Economic Affairs, which specifically governs the way in which temporary workers are employed and managed. This is done in order to prevent Swiss employers recruiting staff through foreign management companies and recruiters. Swiss companies are only to place personnel in the employment or under contrast with a Swiss client if they have a valid Swiss labour leasing license (as well called as body leasing or staff leasing license).
Activities requiring authorization
In particular, the following activities are subject to labour leasing license:
Personnel leasing services
Recruitment services
Recruitment and or placement including sportsmen and management of musicians and artists
Personnel leasing/recruitment via platforms
Personnel leasing and recruitment services in the field of care and household services
Obtaining a staff leasing license requires meeting certain criteria:
Company has to be registered in the Swiss Commercial Register;
Company must have suitable business premises (at least 1 lockable room required);
Must not engage in other professional activities which may conflict with the interests of the employer or job seekers;
Must be headed by a Swiss resident, who has a good reputation and a certificate of completion of apprenticeship or equivalent training and can attest to several years of professional experience in the field of private placement and labour leasing services;
A deposit (CHF 50'000 for cantonal, and additional CHF 50’000 for federal license) to secure the workers’ wages must be made.
License for recruitment agencies and headhunters
Job seekers and employers are brought together by private companies to conclude employment contracts. Headhunting and executive search also qualify as private employment agencies. The requirements for recruitment agencies in order to obtain the labour leasing are the same as above, however the placement agencies are not required to make the deposit to secure the workers’ wages.
Cantonal or Federal (SECO) labour leasing license?
If a leasing agency only employs and leases to other companies Swiss nationals and foreign nationals who are already entitled to work in Switzerland holding a C, B or G-permit, then company must apply for cantonal license. In all the other cases, if the company wishes to hire and lease foreign nationals, Federal license needs to be granted.
If the activity of the company is cross-border, a permit from the State Secretariat for Economic Affairs SECO is required in addition to the cantonal license, therefore the application to SECO needs to be done as well to get the federal body leasing license granted.
The following criteria is considered as cross-border and requires a SECO license:
Placement and leasing of employees abroad;
Placement and hiring of EU/EFTA nationals who are entering Switzerland for the first time with a B residence permit or a G cross-border commuter permit;
Placement and lending of EU/EFTA nationals with a short-term residence permit L;
Mediation and lending of recognized refugees, temporarily admitted refugees and temporarily admitted persons.
If you require any assistance with the application or the amendments of cantonal or SECO labour leasing license in Switzerland, please do not hesitate to contact us by admin@ftrust.ch.
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