Posted Worker Notification in Switzerland: Are Short Swiss Assignments Safe?

A one-day repair, installation, IT intervention or client-site handover in Switzerland can still create immigration and posted-worker compliance risk. Short duration, foreign payroll, an intra-group context or an online notification confirmation does not, by itself, make the assignment safe. The route should be assessed before travel.

This article is for businesses outside Switzerland planning short Swiss work trips. It explains when the posted worker notification procedure may be relevant, why day counting matters, and how repeated visits, eight-day rules, UK or third-country elements and labour-law obligations can affect deployment planning.

Start With the Swiss Activity, Not the Travel Label

The first question is whether the traveller will carry out gainful activity in Switzerland. Internal labels such as “business trip”, “project visit” or “training” are not decisive. SEM guidance distinguishes short business meetings, negotiations, contract signing, preparatory visits and passive conference attendance from productive activity. They treat on-the-job training, repair or maintenance work and project implementation as activity with gainful-employment character.

A practical test is whether the traveller will produce, repair, install, configure, operate, supervise delivery or contribute to a Swiss-site deliverable. If so, assess the notification or permit route even where the worker remains employed and paid abroad.

When the Swiss Notification Procedure May Be Available

Notification is not a general work permit exemption. Under the AFMP / FZA framework, cross-border service provision by posted workers or self-employed service providers is liberalised for up to 90 effective working days per calendar year, subject to prior notification. SEM guidance states that the 90-day calculation applies both to the posting company and to the posted worker.

The notification procedure may be available for EU/EFTA nationals taking up short direct employment with a Swiss company, posted workers from an EU/EFTA-based company, and self-employed EU/EFTA service providers based in an EU/EFTA state. A third-country national posted by an EU/EFTA company generally needs durable admission to the regular EU/EFTA labour market, commonly evidenced by at least 12 months’ lawful residence or labour-market admission. SEM also states that notification does not apply to all other categories.

Direct Swiss employment should be kept separate from posting. For eligible short direct employment with a Swiss employer, SEM guidance refers to notification no later than the day before work starts; for posted workers and self-employed service providers, notification must normally be filed at least eight days before work starts.

Service Provision Is Not Labour Leasing

The Swiss recipient should be receiving a defined service, not labour capacity. SECO describes temporary recruitment services as situations where the employer makes workers available to another company and transfers authority to give instructions. SEM guidance states that staff leasing from abroad to work in Switzerland is not authorised.

This is a particular risk in intra-group projects, IT support and “body shop” arrangements. If the Swiss entity directs the worker day to day as if they were part of its own workforce, notification should not be used to disguise the structure.

Track the 90 Working-Day Annual Limit

For eligible EU/EFTA-based service providers, the 90 effective working-day limit is annual; it is not refreshed by a new project, client, canton, purchase order or worksite. In posting cases, the counter should be monitored at both company and individual worker level.

Businesses should keep a register by employing company, worker, client or order, worksite and date. Rotating staff may reduce an individual worker’s count, but it does not remove the company-level counter.

How to Count Swiss Notification Days

Day counting often causes problems because project teams count hotel nights, calendar presence or “half days”. For the company counter, what matters is the number of days on which any posted workers are in Switzerland for work, not the number of workers on site. SECO gives the example that three workers posted on the same five days use five company days, while SEM distinguishes simultaneous workers from workers sent sequentially.

A pure travel day with no work will usually differ from an arrival day involving site access, equipment set-up, testing, handover or delivery calls. One worker should not be registered at two worksites simultaneously, although consecutive worksites on the same day may be possible if the working times are recorded.

Evidence may matter where a day is treated as travel only. Examples include travel records, hotel bookings, work logs, timesheets, site-access records, project schedules and emails. These are examples only; requirements depend on the facts, route, canton, timing and procedure.

Do Not Confuse the Two Eight-Day Rules

The first rule concerns when notification becomes necessary. For posted workers and self-employed service providers, activity is generally notifiable once Swiss work exceeds eight days in a calendar year. In listed sectors, including construction and secondary contract work, gardening and landscaping, hospitality, cleaning, security, itinerant trade and the sex industry, notification is required from the first day.

The second rule concerns timing. Where notification is required, it normally has to be submitted at least eight days before work starts. Emergency shortening is limited and should not be treated as a planning tool. SEM and SECO guidance refer to clearly defined emergencies, such as repairs following unforeseeable damage, where the work prevents further damage and begins immediately, generally within three calendar days.

Repeated Assignments, Changes and Follow-Up Work

Repeated visits do not reset the Swiss counters. Each Swiss assignment must be entered correctly, and changes to a submitted notification may require prompt contact with the competent cantonal authority or a new notification. A change of worksite can trigger a fresh eight-day waiting period.

The safest operational approach is to track Swiss activity by legal employer, worker, client or order and worksite. Artificially splitting assignments or rotating employees simply to avoid limits should be treated as a compliance risk, not a strategy.

UK and Third-Country Elements Can Change the Answer

EU/EFTA rules should not be assumed to apply globally. UK service-provider cases sit under a separate Swiss-UK Services Mobility Agreement, applied since 1 January 2021 and valid until 31 December 2029 for facilitated service provision up to 90 days per calendar year. UK citizens taking direct employment with a Swiss employer for up to three months can no longer use the notification procedure and require a permit under the LEI / AIG route.

Where the sending company or worker falls outside the EU/EFTA or UK service-provider framework, a permit assessment under LEI / AIG, OASA / VZAE and the SEM Directives is normally required. SECO guidance states that applications for postings exceeding 90 days from the EU, and for third-country nationals from the first day, must be submitted to the competent cantonal migration and labour-market authority.

Immigration Notification Does Not End Posted-Worker Compliance

Even where notification is available, the Posted Workers Act framework still matters. Foreign employers posting workers to Switzerland must observe minimum working and pay conditions, including minimum pay, work and rest periods, holiday entitlement, occupational health and safety, protection of pregnant women, children and young people, and non-discrimination. Depending on the sector, collective employment agreements may also impose enforcement fees, training contributions, surety bonds or contractual penalties.

Businesses should also check expense reimbursement, accommodation, regulated-profession issues and VAT. An immigration notification is only one part of Swiss deployment compliance.

Questions to Answer Before Booking Travel

Before travel, confirm the real Swiss activity, the legal employer, the worker’s nationality and residence status, who will direct the work, the sector, annual company and worker day counts, the worksite history, the filing deadline and Swiss wage and working-condition obligations.

Contact Our Immigration Lawyers In Switzerland

Richmond Chambers Switzerland’s specialist Swiss immigration lawyers advise overseas employers, Swiss recipients and international groups on short Swiss assignments, posted-worker notifications, permit strategy under LEI / AIG and OASA / VZAE, UK and third-country issues, day-counting risk and posted-worker compliance before deployment.

To arrange an initial consultation meeting, contact Richmond Chambers Switzerland by telephone on +41 21 588 07 70 or complete our enquiry form.

Frequently Asked Questions: Posted Worker Notification in Switzerland

Is a one-day work assignment in Switzerland safe without a posted worker notification?

Not necessarily. A short Swiss assignment can still create immigration and posted-worker compliance risk if the traveller carries out productive work such as repair, installation, configuration, maintenance, supervision or handover activities.

When is the Swiss posted worker notification procedure relevant?

The Swiss notification procedure may be relevant where an eligible EU/EFTA-based employer posts workers to Switzerland, where an eligible self-employed EU/EFTA service provider works in Switzerland, or where an EU/EFTA national takes up short direct employment with a Swiss employer. It is not a general work permit exemption and should be assessed before travel.

Does Switzerland’s 90-day posted worker limit apply to both the company and the worker?

Yes. For eligible EU/EFTA-based service provision, the 90 effective working-day limit applies per calendar year and should be monitored at both the posting company level and the individual worker level.

How are Swiss posted worker notification days counted?

For the company counter, the relevant point is whether any posted workers are in Switzerland for work on a given day, not how many workers are present. Three workers posted on the same five days may use five company days, while workers sent on different days can increase the count sequentially.

What is the difference between Switzerland’s two eight-day rules for posted workers?

One eight-day rule concerns whether notification is required: many posted-worker and self-employed service activities become notifiable once Swiss work exceeds eight days in a calendar year, while listed sectors require notification from day one. The other eight-day rule concerns timing: where notification is required, it usually must be filed at least eight days before work starts.

Can repeated short visits to Switzerland reset the notification day count?

No. Repeated Swiss assignments do not reset the annual company or worker counters, even if there is a new project, client, worksite or purchase order. Businesses should track each visit carefully and avoid artificial splitting or rotation as a compliance strategy.

Can UK or third-country workers use the Swiss posted worker notification procedure?

The answer depends on the worker, employer and legal framework. UK service-provider cases may fall under the Swiss-UK Services Mobility Agreement, while other third-country situations often require a permit assessment under Swiss immigration law rather than the EU/EFTA notification route.

Does a Swiss immigration notification cover all posted-worker compliance obligations?

No. Even where notification is available, foreign employers must still consider Swiss posted-worker obligations, including pay, working time, rest periods, holiday entitlement, health and safety, non-discrimination and any applicable sector rules or collective employment agreement requirements.

This article summarises Swiss immigration law and guidance at the date of writing. Individual facts, evidence, cantonal handling and procedural position may affect the outcome. It is provided for general information only and does not constitute legal advice.