The Swiss Short-Term Work Notification Procedure for UK Employers

The Swiss short-term work notification procedure offers UK-based employers a streamlined legal route to post employees to Switzerland for short-term work assignments, without the need to apply for a Swiss work or residence permit. While this simplified process is governed by a bilateral agreement between Switzerland and the United Kingdom, it is subject to strict eligibility, timing, documentation, and compliance requirements.

This article provides detailed legal guidance on the operation of the notification procedure for UK employers, explains how the Services Mobility Agreement permits short-term service provision in Switzerland, and outlines how legal representation can assist at every stage of the process to ensure full compliance with Swiss law.

Legal Basis: Services Mobility Agreement Between the United Kingdom and Switzerland

Following the end of the Brexit transition period on 31 December 2020, the UK ceased to benefit from the EU–Switzerland Agreement on the Free Movement of Persons. In the absence of EU membership, UK companies no longer enjoyed automatic access to the Swiss labour market. However, on 1 January 2021, Switzerland and the UK concluded the Services Mobility Agreement (SMA), a bilateral treaty that preserves short-term market access for UK service providers.

Under the SMA, UK companies may send employees to Switzerland to deliver a service contract for up to 90 working days per calendar year. Provided that the posted workers remain employed and remunerated by the UK entity, and continue to be subject to UK social security legislation, the Swiss notification procedure may be used in lieu of a formal work or residence permit.

This arrangement is temporary in nature: the SMA has been extended several times and is currently due to expire on 31 December 2025, unless renewed. Employers should be aware that the current system of simplified access may be withdrawn or significantly modified after this date.

Eligibility Criteria for the Swiss Notification Procedure

The notification procedure is available to UK-based employers posting workers to Switzerland for short-term service provision. To qualify, the following conditions must be met:

• The employer must be established in the United Kingdom and must remain the legal employer throughout the posting. No employment relationship may be formed with a Swiss entity.

• The service must be delivered under a commercial contract between the UK employer and a Swiss client or recipient.

• The employee must be lawfully and durably integrated into the UK labour market. This generally requires lawful residence and employment in the UK for at least 12 months prior to the posting.

• The maximum duration must not exceed 90 working days per calendar year. This limit applies both to each posted worker and to the sending company.

• The employee must remain covered by the UK social security system throughout the assignment.

In addition to these criteria, the nature of the work must fall within the scope of permitted activities. The notification procedure applies to a broad range of sectors, including consultancy, engineering, installation, IT services, maintenance, auditing, financial services, and technical support. However, particular care must be taken in relation to regulated or labour-intensive sectors, such as construction, security, hospitality, cleaning, and landscaping, where enhanced obligations and enforcement apply.

Legal representation can assist in assessing the eligibility of both the employer and the proposed activities, particularly where business models involve subcontracting, chains of service provision, or third-party engagements. In borderline cases, legal advice may be decisive in determining whether notification is permissible or whether a full work permit application is required.

Duration of Assignment: Legal Limits and Compliance Obligations

The Swiss short-term notification procedure allows employers to post workers for a cumulative maximum of 90 working days per calendar year. This 90-day limit is assessed:

• Per individual employee: No single employee may work in Switzerland for more than 90 days in any one calendar year under the notification procedure, regardless of the number of contracts or employers.

• Per posting company: The UK employer may not exceed 90 cumulative working days per calendar year for all postings in Switzerland. If five employees are sent for five days each, this would count as 25 company-days and five individual-days per worker.

Once the 90-day limit is reached, any further work in Switzerland - whether by the same employee or by others employed by the UK company - must be authorised by means of a Swiss work permit, subject to quota availability and third-country national criteria.

It is important to note that public holidays, weekends, and non-working days do not count toward the limit, but any day on which work is performed in Switzerland, even partially, is counted as a full day.

Our immigration lawyers in Switzerland can advise on the tracking of days, assist with workforce planning, and prepare applications where a transition to the Swiss work permit regime becomes necessary.

Notification Requirements: Process and Deadlines

The Swiss notification procedure is administered online via the EasyGov portal. UK employers must register on the platform, obtain a Swiss Company Identification Number (UID), and submit the notification at least eight calendar days prior to the first working day in Switzerland.

The following information must be included in the notification:

• Details of the UK employer, including registered address and UID;

• Identity and contact details of each posted worker;

• Information on the Swiss client or service recipient;

• Place(s) of work and duration of the assignment;

• Description of the nature of the work;

• Confirmation that the employee’s wages and working conditions meet Swiss legal requirements.

Once submitted, the notification is automatically forwarded to the competent cantonal labour authority. No separate cantonal approval is required. However, the notification does not constitute a permit or approval - it is a legal prerequisite to working in Switzerland and must be correctly completed to avoid sanctions.

Notifications must be submitted at least eight days in advance, with exceptions only permitted in cases of unforeseeable and urgent assignments (e.g., emergency repair or intervention). Swiss authorities may require the employer to justify the urgency, and discretion rests with the canton in question.

Expert legal advice can assist in preparing the notification, ensuring that all mandatory data are provided, and verifying whether an urgent submission is justifiable under the relevant guidelines.

Documentation and Record-Keeping Obligations

Although the notification is filed electronically, Swiss labour authorities may request additional documentation before, during, or after the assignment. Employers must therefore retain the following documents for each posted worker:

• Employment contract or assignment letter, confirming the employee remains employed by the UK company;

• A1 Certificate or Certificate of Coverage, issued by HMRC or DWP, certifying continued UK social security coverage;

• Passport copy or identification document, for identity verification;

• Notification confirmation, generated via EasyGov;

• Evidence of health insurance coverage, valid in Switzerland for the duration of the assignment;

• Proof of remuneration and compliance with Swiss wage standards, including payslips, wage statements, and working time records.

Swiss labour inspectors are authorised to conduct unannounced inspections and audits on site or remotely. Non-compliance with documentation or wage obligations may result in administrative fines, retroactive contributions, or a ban on service provision in Switzerland for up to five years.

Our specialist immigration law firm in Switzerland can assist in preparing a compliance dossier for each assignment, provide templates for documentation, and represent employers in the event of an investigation or dispute.

Wage and Working Conditions: Swiss Minimum Standards

Under the Swiss Posted Workers Act and associated cantonal and federal legislation, all posted workers are entitled to minimum pay, working time limits, rest periods, holiday entitlement, and health and safety protections equivalent to those applicable to Swiss employees.

Wage requirements vary by canton, sector, and occupation. In certain industries, minimum salaries are set by collective labour agreements and are legally binding. In others, the cantonal labour office will assess whether the declared wage is consistent with prevailing local standards.

Employers must ensure that employees posted to Switzerland under the notification procedure are remunerated in line with these standards. The responsibility lies with the sending employer, even if the client or end user is a Swiss entity.

Legal advice is recommended to assist in benchmarking proposed salaries against Swiss legal requirements, drafting compliant employment terms, and avoiding enforcement action for wage dumping or labour standard breaches.

Limitations, Enforcement Risks, and Post-2025 Outlook

While the notification procedure provides a pragmatic route to short-term service provision in Switzerland, it remains subject to strict compliance obligations. Swiss authorities retain broad enforcement powers and impose a high standard of scrutiny, particularly in sectors prone to abuse.

Employers found to have posted workers without notification, failed to comply with wage standards, or misrepresented the nature of the assignment may face:

• Administrative fines;

• Prohibition from providing services in Switzerland;

• Retrospective taxation and social security liabilities;

• Reputational damage and client dissatisfaction.

In addition, the current Services Mobility Agreement is time-limited and may not be renewed beyond 31 December 2025. If the agreement lapses, UK companies may be subject to full third-country national requirements for all work in Switzerland, including quota restrictions and more demanding work permit criteria.

How Richmond Chambers Switzerland Can Assist

At Richmond Chambers Switzerland, we provide expert legal advice and representation to UK companies seeking to post employees to Switzerland on a short-term basis. Our services include:

• Strategic assessment of eligibility under the Services Mobility Agreement;

• Legal review and preparation of Swiss notification submissions;

• Advice on wage compliance and labour law obligations;

• Assistance with obtaining A1 certificates and other required documentation;

• Representation before Swiss labour authorities in the event of inspection or enforcement;

• Advice on work permit applications and future mobility planning beyond the 90-day threshold or 2025.

Whether you are delivering a single project in Switzerland or managing repeat cross-border assignments, our team can provide tailored support to ensure that your operations are legally compliant and efficiently managed.

Contact Our Immigration Lawyers in Switzerland

If you are a UK employer planning to send employees to Switzerland and require advice or assistance with the Swiss short-term work notification procedure, please contact Richmond Chambers Switzerland. Our lawyers will be pleased to assist you.