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Old 17.01.2012, 16:09
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Help! Working in a Swiss chalet but employers have not paid accident insurance!

hi all

I have been working for an english co but in a chalet in switzerland (70 hrs+ a week). I was due to be working out here for 3 months and have an 'announcement' of work rather than a permit.
I had a skiing accident and require surgery asap. My travel/ seasonnaire insurance won't pay out for the treatment and want to fly me home.
Upon research here and other places I am certain my employers should have taken out accident insurance plus have paid a whole host of other taxes. They have not done anything like this.

What complicates matters is I have a Swiss contract de travail which lists a much higher salary than I receive plus lists out 15 or so benefits/taxes that should be deducted from my salary by them. I also have an english contract that tries to cancel out the swiss contract. But surely the employers have an obligation to pay all the relevant and obligatory insurances regardless of them trying to get out of the Swiss contract?? (which I suspect they showed to the authorities to get my announcement approved)

I am currently at loggerheads with the employers with them stating the English contract says they didn't have to provide any cover for me. I'm in a state of limbo as I would like to have the surgery in Switzerland instead of joining a long NHS waiting list in the UK.

Any thoughts? has anyone experienced anything similar with employers shirking paying employee taxes?
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Old 17.01.2012, 16:21
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

Did you register at the Commune when you arrived?
  • No? That's bad, because that means you've been working illegally. If you need treatment now, the NHS is your only option as you don't have Swiss insurance. You can of course report your employers to the cantonal authorities, and they may be in for a surprise visit by the police and lots of troubles as I assume you're not the only person working there. Expect to be blacklisted by chalet owners though.
  • Yes? Then you should have had Swiss insurance and a B permit (if you're an EU citizen). You have to provide insurance details within three months of registering, so if these aren't up, you can provide them now - if you don't the commune will insure you ex officio. You can enforce your Swiss contract, first step is the Office des poursuites if the commune where the chalet owners are registered.
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Old 17.01.2012, 16:59
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

How about:

http://geneva.angloinfo.com/countrie...healthcard.asp
?

PS: definitely follow tom's advice regarding going to the "cantonal authorities" to denounce your employer.
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Old 17.01.2012, 18:59
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

Hi

Easy, I had the same issue.

If you have a Swiss contract (which you should have, being employed in Switzerland...) then your employer has the OBLIGATION to take out accident insurance for you. If they don't and you have an accident do not pay any bill and ask the hospital to send them to your employer (or soon-to-be ex-employer).

If you are working illegally here then please consult a trade union for advice on what to do. Again you are likely to lose your job.
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Old 17.01.2012, 19:50
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

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do not pay any bill and ask the hospital to send them to your employer (or soon-to-be ex-employer).
Easier said than done. Last time I went to hospital with someone who had no Swiss health insurance card or EHIC (a bona fide tourist from the other side of the world), the hospital would not budge until a CHF 1'000 deposit was paid by credit card. (The bill was eventually around CHF 230, and they didn't send it until I went there and collected it myself, because despite taking a photocopy of the credit card "for processing refunds", they "had no experience handling refunds" but presumably lots of experience of people who live 20'000 km away not claiming refunds).

Speaking of which, have you tried getting treatment on the EHIC card? If you don't even have that (it's free from the NHS), more fool you.
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Old 17.01.2012, 20:42
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

Thanks for the replies. Yes I have an EHIC card but the DR I saw told me they definitely won't operate on me with that as it's for emergency medical cover only (I have twisted cartilage in my knee and ACL rupture).

I have apparently been 'announced' to the authorities but the employers ahve not made any of the contributions on my contract including accident insurance. They keep saying my English contract (which has 0 benefits) is the legal one but as you all say, they are obliged to provide items such as accident insurance under Swiss law..

We(my partner is working with me but has no injury) have already visited the department of protection of workers and the police and neither were very interested sadly..

I will try calling the Office des poursuites tomorrow. Does anyone know anyone of else I can call to get what I am entitled to? I am finding it very difficult to find anyone that cares!

Thanks

Leila

PS Very happy to leave this job!!
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Old 17.01.2012, 20:49
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

Have you been to the commune? This is where you should have registered. I don't know what "announced" means. I would start there.

You could also go to the AVS office. But I think (hope) the commune will be able to help you.

Sorry to hear about your accident.
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Old 17.01.2012, 21:22
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

Maybe by "announcement" she means the Zusicherung der Aufenthaltsbewilligung that you get to allow you to enter the country before you receive the permit?
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Old 17.01.2012, 21:46
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

I am not sure - my employers said an 'announcement' is all that is needed and I actually don't have a permit? I am starting to smell something fishy!
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Old 17.01.2012, 22:00
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

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I am not sure - my employers said an 'announcement' is all that is needed and I actually don't have a permit? I am starting to smell something fishy!

With an employer like this, who needs enemies?

And most likely, they are the same ones who complain about PFZ in comments and letters to the editor in Tagesanzeiger and Blick....
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Old 17.01.2012, 22:27
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Re: Help! Working in a Swiss chalet but employers have not paid accident insurance!

I think it might be time to Name & Shame! This employer does sound very shady. I think you should go to the commune and lay out your case. Bring your contract, etc. and see what they say.

I was going to offer to go with you. I don't know why I thought you were in Romandie. But I see you are quite far away in the German part.
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accident insurance, employee rights, tax fraud, temporary worker


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