Go Back   English Forum Switzerland > Living in Switzerland > Business & entrepreneur  
Reply
 
Thread Tools Display Modes
  #1  
Old 17.04.2010, 17:10
tina_us's Avatar
Newbie
 
Join Date: Nov 2009
Location: lausanne
Posts: 8
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
tina_us has no particular reputation at present
Non EU representative for CH branch office

I have been offered from an American based renewable energy company to inaugurate its branch office in Switzerland , in order to operate its Swiss and European business.

Very recently I'm been graduated from EPFL , Lausanne in Industrial Engineering . Consequence for being an appointed branch manager of its Switzerland branch , I want to become little clarified in :

1. *Is there any obligation by art. 935 al.2 CO, to appoint a non European person domiciled in Switzerland , for such branch representative (director ) position?
2.*What exactly the process to register a foreign branch office in Lausanne?
*If I do need a work permit, what’s gonna be the exact way to demonstrate that : The Parent company was unable to find any competent person specially in Swiss or EU market for this type of position ? 4. *The salary range for this type managerial post in Lausanne?
My current status: Student Permit : B, and this is going to be my first job in Switzerland.

Appreciate your help ,
Cheers ,
TINA , EPFL , Lausanne
Reply With Quote
  #2  
Old 17.04.2010, 17:12
gata's Avatar
Forum Legend
 
Join Date: Jan 2009
Location: Geneva
Posts: 3,862
Groaned at 67 Times in 48 Posts
Thanked 3,580 Times in 1,683 Posts
gata has a reputation beyond reputegata has a reputation beyond reputegata has a reputation beyond reputegata has a reputation beyond reputegata has a reputation beyond reputegata has a reputation beyond repute
Re: Non EU representative for :CH branch office

One post is enough thanks. Whatever you will be getting be happy with it. Since you are non EU good luck. Its very difficult to get a work permit as you have no experience
Reply With Quote
This user would like to thank gata for this useful post:
  #3  
Old 17.04.2010, 17:33
chris_l's Avatar
Senior Member
 
Join Date: Dec 2007
Location: Zürich, Switzerland
Posts: 253
Groaned at 1 Time in 1 Post
Thanked 59 Times in 39 Posts
chris_l has no particular reputation at present
Re: Non EU representative for CH branch office

Quote:
The Parent company was unable to find any competent person specially in Swiss or EU
Quote:
this is going to be my first job in Switzerland
Quote:
Very recently I'm been graduated from EPFL
Dear Tina,

At the moment there is a complicated situation regarding the work permit in Switzerland, in this year the quotas have been reduced to non-eu nationals by the half.

I think the work office, which is the one who takes cares of the applications, will have the last word on this, I wish that you get the job, but given you are fresh from the university, regardless which, it will be hard for your company to prove that they need a manager and want to hire a person who has no previous work experience, which usually for a manager, imho, should require a couple of years. I dont understand your point that no competent person has been yet found to fill the position, yet the company wants to hire a junior? I'm not saying that you are not capable, but you have to think that in order to get a permit for that specific position the work office may require more experience.

Regards,

Chris
Reply With Quote
This user would like to thank chris_l for this useful post:
  #4  
Old 19.04.2010, 11:49
benhareez's Avatar
Newbie
 
Join Date: Oct 2009
Location: Neuchâtel
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
benhareez has no particular reputation at present
Re: Non EU representative for CH branch office

Hi Tina,

Just contact the A3 EPFL alumni. They "may" be of help to you.
Reply With Quote
  #5  
Old 19.04.2010, 17:51
swissbob
 
Posts: n/a
Re: Non EU representative for CH branch office

Quote:
View Post
I have been offered from an American based renewable energy company to inaugurate its branch office in Switzerland , in order to operate its Swiss and European business.

Very recently I'm been graduated from EPFL , Lausanne in Industrial Engineering . Consequence for being an appointed branch manager of its Switzerland branch , I want to become little clarified in :

1. *Is there any obligation by art. 935 al.2 CO, to appoint a non European person domiciled in Switzerland , for such branch representative (director ) position?
Trying hard to understand the question here. Obviously there is no obligation on a company forming a Swiss branch to use non European managerial staff - but that so obvious I guess you actually want to ask something else?

Quote:
View Post
2.*What exactly the process to register a foreign branch office in Lausanne?
*If I do need a work permit,
You most certainly do need a work permit .

Quote:
View Post
what’s gonna be the exact way to demonstrate that : The Parent company was unable to find any competent person specially in Swiss or EU market for this type of position ?
Advertise the position and put it out to recruitment agencies. However, if the company thinks that there is no-one in Switzerland or the EU who can act as MD of a Branch start up then they are fooling themselves.

Quote:
View Post
4. *The salary range for this type managerial post in Lausanne?
12? 2 million? cup cakes?

Seriously though, you won't be getting a work permit for a managerial role coming straight from college.
Reply With Quote
  #6  
Old 20.04.2010, 10:09
Forum Legend
 
Join Date: May 2005
Location: Luzern currently
Posts: 2,565
Groaned at 3 Times in 3 Posts
Thanked 720 Times in 373 Posts
Richard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond repute
Re: Non EU representative for CH branch office

Hi all, I don't think this should be here as it is really a business and entrepreneur question but here are your answers.

Article 935 ab 2 OR amongst other things references the requirements for at least one Swiss domiciled person to be able to fully represent the company. It does not state anywhere that that person must be Swiss, just living here which of course makes sense.

Article 160 IPRG is probably clearer in that it states that a branch company must have a Swiss resident person registered in the company register and the company must be registered and fall under Swiss law.

The company needs to be capable of existing in its own right ie not needing money from the parent (potential tax fiddle) and basically run according to the principles of the parent but additional clauses can be added.

In order to register a branch company there are quite some requirements and it is deliberately not straightforward. You will need to get a Swiss Notary Public to help with that.

Basically there are forms to fill in and documents to have signed as correct by a notary public and these are:

A Copy of the company registration documents or a copy from the local company register for the mother company.

A Copy of the articles of incorporation from the local company register and these must be signed as accurate by the register.

If the above two dont mention the paid in capital then this must be declared and signed as accurate by a notary public.

A declaration of the executive board structure from the company register, including with responsibles names.

A Copy of the request for the creation of the branch company with the representatives named.

Then you *might* but should not require translations of all the above. Swiss law should accept English documentation but you are in the hands of the authorities here...

fact is you will need a local notary public to help and expect to pay a couple of thousand Swiss for the privilege.

The work permit issue is not as per normal. Clearly Switzerland is wanting investment in its country. That is what a branch of a foreign company brings directly and indirectly. It is entirely reasonable that a foreign company by the creation of its first or main branch office appoints personnel from within. As such you only need to be employed by the mother company to start with and then be transferred to start Switzerland. It might take some time to organize ie several weeks but this should be no problem and quotas should not restrict this.

The salary range is whatever it is. Think of it this way the CEO of a small company might earn 100K per annum. The CEO of Novartis might on the other hand earn 40 Million per annum...

Does that help?
Reply With Quote
The following 2 users would like to thank Richard for this useful post:
  #7  
Old 20.04.2010, 10:21
Forum Veteran
 
Join Date: Oct 2007
Location: Ticino & London
Posts: 1,972
Groaned at 165 Times in 89 Posts
Thanked 1,132 Times in 622 Posts
Cashboy has a reputation beyond reputeCashboy has a reputation beyond reputeCashboy has a reputation beyond reputeCashboy has a reputation beyond repute
Re: Non EU representative for CH branch office

To me this just doesn't stack up.

Surely the USA company would have looked into the legalities of opening a branch in Europe and the legal implications of employing staff in that country.

I also cannot understand how the USA company would employ somebody that admits they have no (or certainly little) employment experience, let alone management experience. You would expect them to at least have found a Swiss national and resident to look at setting up the office in Switzerland.
Reply With Quote
This user would like to thank Cashboy for this useful post:
  #8  
Old 20.04.2010, 10:27
HollidayG's Avatar
Forum Legend
 
Join Date: Jan 2008
Location: Kanton Zürich
Posts: 3,039
Groaned at 50 Times in 35 Posts
Thanked 1,180 Times in 738 Posts
HollidayG has an excellent reputationHollidayG has an excellent reputationHollidayG has an excellent reputationHollidayG has an excellent reputation
Re: Non EU representative for CH branch office

Quote:
View Post
To me this just doesn't stack up.

Surely the USA company would have looked into the legalities of opening a branch in Europe and the legal implications of employing staff in that country.

I also cannot understand how the USA company would employ somebody that admits they have no (or certainly little) employment experience, let alone management experience. You would expect them to at least have found a Swiss national and resident to look at setting up the office in Switzerland.
She says that it will be her first job in Switzerland. Perhaps she has
just obtained a Master's in Industrial Engineering.
Reply With Quote
  #9  
Old 20.04.2010, 10:39
Forum Legend
 
Join Date: May 2005
Location: Luzern currently
Posts: 2,565
Groaned at 3 Times in 3 Posts
Thanked 720 Times in 373 Posts
Richard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond repute
Re: Non EU representative for CH branch office

Quote:
View Post
To me this just doesn't stack up.

Surely the USA company would have looked into the legalities of opening a branch in Europe and the legal implications of employing staff in that country.

I also cannot understand how the USA company would employ somebody that admits they have no (or certainly little) employment experience, let alone management experience. You would expect them to at least have found a Swiss national and resident to look at setting up the office in Switzerland.
Well lets see, there are at least 30 countries in Europe each with their own legal system. So a USA company looking to open a branch in Europe is going to rely on a "local" ie someone here and preferably an American local who knows both sides and has no difficulties getting into America.

And where do you get the no employment experience from, I see no work experience in Switzerland as a statement and not no work experience. Tina could have several years experience working for the company and then following her diploma restarts the employment in a different country.

And why oh why would an American company seek out a Swiss national to run its first branch?
Reply With Quote
  #10  
Old 20.04.2010, 11:08
gata's Avatar
Forum Legend
 
Join Date: Jan 2009
Location: Geneva
Posts: 3,862
Groaned at 67 Times in 48 Posts
Thanked 3,580 Times in 1,683 Posts
gata has a reputation beyond reputegata has a reputation beyond reputegata has a reputation beyond reputegata has a reputation beyond reputegata has a reputation beyond reputegata has a reputation beyond repute
Re: Non EU representative for CH branch office

Quote:
View Post
Well lets see, there are at least 30 countries in Europe each with their own legal system. So a USA company looking to open a branch in Europe is going to rely on a "local" ie someone here and preferably an American local who knows both sides and has no difficulties getting into America.

And where do you get the no employment experience from, I see no work experience in Switzerland as a statement and not no work experience. Tina could have several years experience working for the company and then following her diploma restarts the employment in a different country.

And why oh why would an American company seek out a Swiss national to run its first branch?
All good points. The work permit though will have to be issued first. And thats where the trouble starts
Reply With Quote
  #11  
Old 20.04.2010, 11:34
Papa Goose's Avatar
Forum Legend
 
Join Date: Apr 2008
Location: Ägeri
Posts: 3,709
Groaned at 193 Times in 162 Posts
Thanked 4,280 Times in 1,809 Posts
Papa Goose has a reputation beyond reputePapa Goose has a reputation beyond reputePapa Goose has a reputation beyond reputePapa Goose has a reputation beyond reputePapa Goose has a reputation beyond reputePapa Goose has a reputation beyond repute
Re: Non EU representative for CH branch office

Quote:
View Post
tina just come to switzerland and youll have fun dont worry so much
pssst - she's already here.

The company employing a US citizen already here makes sense to me. The permit may be a sticking point though, unless the company start up operates under different rules and thus not subject to quota.... Richard?

Good luck with it Tina
Reply With Quote
  #12  
Old 20.04.2010, 11:58
Forum Legend
 
Join Date: May 2005
Location: Luzern currently
Posts: 2,565
Groaned at 3 Times in 3 Posts
Thanked 720 Times in 373 Posts
Richard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond repute
Re: Non EU representative for CH branch office

Quote:
View Post
pssst - she's already here.

The company employing a US citizen already here makes sense to me. The permit may be a sticking point though, unless the company start up operates under different rules and thus not subject to quota.... Richard?

Good luck with it Tina
The permit will be a sticking point and it has nothing to do with start-ups; that is an old fiddle that is only used now to keep one when you would otherwise maybe not qualify.

What Tina is proposing is a branch (zweigniederlassung) and the rules there are different and obviously(?) as an existing, registered in another country company, you don't want to employ someone you don't know to set-up your new branch in a foreign country. So they allow some exceptions and concessions. The question is really what they will allow and there you need to have someone negotiating with you such as a Notar or lawyer. But a permit for an executive from your main branch or regional branch is a given.

Last edited by Richard; 20.04.2010 at 11:59. Reason: grammar
Reply With Quote
This user would like to thank Richard for this useful post:
  #13  
Old 20.04.2010, 12:38
tina_us's Avatar
Newbie
 
Join Date: Nov 2009
Location: lausanne
Posts: 8
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
tina_us has no particular reputation at present
Re: Non EU representative for CH branch office

I’m really very glad that my work permit issues are evolving ….and ,I personally thank to Richard …..because he answered most of the issues , his intellectuality … umm simply stunning.!!!
Anyway ..Richard could be little specific on :
The process of hiring , transferring and work permit application issues?
Thanks .
Reply With Quote
  #14  
Old 20.04.2010, 13:06
portsmouth68's Avatar
Forum Veteran
 
Join Date: May 2009
Location: Dubai
Posts: 878
Groaned at 33 Times in 24 Posts
Thanked 779 Times in 381 Posts
portsmouth68 has a reputation beyond reputeportsmouth68 has a reputation beyond reputeportsmouth68 has a reputation beyond reputeportsmouth68 has a reputation beyond reputeportsmouth68 has a reputation beyond repute
Re: Non EU representative for CH branch office

Quote:
View Post
I’m really very glad that my work permit issues are evolving ….and ,I personally thank to Richard …..because he answered most of the issues , his intellectuality … umm simply stunning.!!!
Anyway ..Richard could be little specific on :
The process of hiring , transferring and work permit application issues?
Thanks .
I hope you are better at industrial engineering than you seem to be at management.

Relying on posts from EF seems hardly the way that a serious company would be going about setting up an European base. Isn't this all a little suspect?

Recently graduated and offered a position to set up a company's European base. Either the company in the US is dreaming or someone on the board of that company is related to the OP? Or perhaps I am just an cynic.
Reply With Quote
  #15  
Old 20.04.2010, 13:14
Forum Legend
 
Join Date: May 2005
Location: Luzern currently
Posts: 2,565
Groaned at 3 Times in 3 Posts
Thanked 720 Times in 373 Posts
Richard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond repute
Re: Non EU representative for CH branch office

Quote:
View Post
I’m really very glad that my work permit issues are evolving ….and ,I personally thank to Richard …..because he answered most of the issues , his intellectuality … umm simply stunning.!!!
Anyway ..Richard could be little specific on :
The process of hiring , transferring and work permit application issues?
Thanks .
You need to get the order of proceedings right. You can take it as given, which by the way it is NOT, that you will get a permit. So you need to set up the company in order that the company can apply for the permit. Once that is done you are not hired per se as you would be a director.

I don't however understand the word transferring. This could be an issue. Have you already got a work permit?

As mentioned before, but maybe I should be clearer, you cannot set up a branch in Switzerland without the involvement of a notary public. The notary public would get you all the relevant forms and information in detail to involve the company in the US. This is not an easy process but a notary does this for a living and only a notary can help you further.
Reply With Quote
  #16  
Old 23.04.2010, 20:07
tina_us's Avatar
Newbie
 
Join Date: Nov 2009
Location: lausanne
Posts: 8
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
tina_us has no particular reputation at present
Re: Non EU representative for CH branch office

Hello Richard , Thanks again!!
In the consequence of your advice I've fix a RDV for next the Monday with a notary in Lausanne. I hope everything’s gonna be perfect , like you said.

Anyway Richard :
Lets dig into the work permit issue :
I did lots of research on (intra-company transfer process) , and what I found from Fragomen website : ( I’m not sure that perfectly correct or not!)

A. Non EU/EFTA nationals ( for intra-company transfer)
1.In the case of executives, highly skilled specialists, or trainees transferred to Switzerland on an intra-company basis, the Swiss employer does not need to show that he was unable to find an equally qualified domestic worker.
2.The intra-company transferee must have worked for an affiliate of the Swiss company for at least 12 months prior to his transfer***.
3.There are no specific intra company transfer work permits. However, restrictions are less stringent if it is proven that the foreign national is considered as an intra-company transfer.

B. The General Process:
The processing of a work permit normally requires following steps:
1. Clearance of cantonal labor market authority (preliminary decision);
2. Approval of this clearance by the Federal Office of Immigration, Integration and Emigration(where applicable);
3. Obtaining of work permit (final decision of the cantonal Immigration authority);
4. Decision granting the work permit sent to Swiss Consulate abroad in order for them to issue an Entry Visa to the individual (where applicable).

Basic Requirements to Qualify:
C. Immigration authorities of Switzerland:
1. Any activity in Switzerland for over 8 days in a calendar year that can be described as "gainful activity" will require a work permit respectively for EU/EFTA nationals a notification or a residence permit
2. A foreign national who stays in Switzerland for a period greater than 90 days will require a residence permit (and a work permit if applicable)
3. The Swiss corporate sponsor initiates the employment application with the local labor office in the canton where the foreign national will work.
4. The application needs to outline the job-related reasons for hiring a foreign national, focusing on the specialized training to be received or the experience required for the job.
D. Swiss Corporate Documents Required for Work Permit:
1. Application forms;
2. Letter from the Swiss employer, detailing the nature of the Swiss organization, the nature of the assignment/employment, the duties the employee will perform,the qualifications of the employee, and the compensation to be paid;
3. Documentation of the reason for employing a foreign national; where applicable proof of research of employee on Swiss and EU labor market
4. Written employment contract (if direct hire)
5. If no intra company transfer proof that no employee could be found on the Swiss and European market or reasons why no search has been made.

E. U.S. Corporate Documents Required for Work Permit
1. Assignment letter stating duration or of stay and salary during assignment (if the individual will be on assignment)
2. (In some cases of assignment ) Original employment agreement
3. Where applicable (i.e. in case of transfer of employee to work on a client's site in Switzerland), copy of agreement between the foreign employer and the Swiss client, Invitation letter from Swiss client, confirmation letter of foreign employer.

F. Employee and Family Documents:
1. Personal data regarding the individual and where applicable his/her dependents;
2. Copy of passport (and dependents' passport where applicable)
3. Copies of the employee's academic credentials;
4. Detailed resume;
5. If applicable, a copy of the marriage certificate and birth certificates for children will need to be submitted.
6. Sometimes an extract of the criminal record in the home country will be required not upon application but upon registration with the local authority.

G. Documents Required to Apply for a Work Visa: ( I’m already in Switzerland, with a valid Student Visa)

The following documents are needed to apply for the Work Visa with the
Consulate:
1. Three application forms duly completed and signed by the applicant. Applications, which are not fully completed dated and signed, will not be accepted.
2. Swiss-Contract (Original plus 3 copies).
3. A written confirmation that applicant will leave Switzerland after he/she completes the employment-contract.
4. A valid passport which must be valid for at least three months after the date when the holder leaves Switzerland.
5. A copy of the applicant's passport (page with photo and name).
6. 3 passport photographs (undamaged and of recent date).

***But that’s not the case of mine, though I'm a director the parent company, but I haven't been a member of the board of the directors .
Here’s a brief overviews of the parent company :
Company structure : L.L.C
Paid up capital and authorized capital : 700000 $
Number of Share : 1000 out of 100 ‘s on my name.
Business turn over in 2009 : 3 million $.

Richard , I do not have any idea how I can prove the 12 months issue ?
Appreciate your help!!
Cheers , Tina
Reply With Quote
  #17  
Old 23.04.2010, 21:55
Forum Veteran
 
Join Date: Oct 2007
Location: Ticino & London
Posts: 1,972
Groaned at 165 Times in 89 Posts
Thanked 1,132 Times in 622 Posts
Cashboy has a reputation beyond reputeCashboy has a reputation beyond reputeCashboy has a reputation beyond reputeCashboy has a reputation beyond repute
Re: Non EU representative for CH branch office

Quote:
View Post
***But that’s not the case of mine, though I'm a director the parent company, but I haven't been a member of the board of the directors .
Here’s a brief overviews of the parent company :
Company structure : L.L.C
Paid up capital and authorized capital : 700000 $
Number of Share : 1000 out of 100 ‘s on my name.
Business turn over in 2009 : 3 million $.
So we can conclude that the US company is actually owned by your family; by the fact that you hold 10% of the share capital and are a director on paper but not sitting on the board?

I would say that perhaps you should actually create a Swiss SA that is the holding company of the USA company with a long term tax view.
Reply With Quote
  #18  
Old 24.04.2010, 02:02
tina_us's Avatar
Newbie
 
Join Date: Nov 2009
Location: lausanne
Posts: 8
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
tina_us has no particular reputation at present
Re: Non EU representative for CH branch office

Accordin to : RS 142.20 Federal Law on Foreigners
Art. 30
It is possible to waive the requirements for admission (s. 18-29) for the following purposes: ( not reular work permit process , but inclusive with the cantonal qouta )

Transfer of cadre or specialists
* within international businesses
* reciprocity agreements
*simplify the exchange of senior managers and specialists needed in an enterprise deployment of international activities;

**** but there is no cluses for :-"The intra-company transferee must have worked for an affiliate of the Swiss company for at least 12 months prior to his transfer""***

I supose Fragomen website's made a modification from Irish/UK's The intra-company transferee work permit process!!!
Reply With Quote
  #19  
Old 24.04.2010, 03:30
Confloozed's Avatar
Forum Legend
 
Join Date: Dec 2007
Location: Zurich
Posts: 4,807
Groaned at 104 Times in 91 Posts
Thanked 4,964 Times in 2,359 Posts
Confloozed has a reputation beyond reputeConfloozed has a reputation beyond reputeConfloozed has a reputation beyond reputeConfloozed has a reputation beyond reputeConfloozed has a reputation beyond reputeConfloozed has a reputation beyond repute
Re: Non EU representative for CH branch office

Let's just say her intent is what it is in her post.
OR, this is an inventive way to get a work permit in Switzerland. I understand this shadow of what she is doing all too well. It's technically a way of buying your way into getting a permit or visa. It's the same in France, it's the same in the US. It looks like she is looking at all angles though.

One is if you hold atleast a 5% ownership of a business, you can hold a permit, atleast in France, and the US it's about the same as well.
I am not negating the idea of hiring an american before a swiss on the grounds on communications and transferrence. But what she is trying to understand is how she can circumvent the process, that all countries use, of going thru all resident candidates to show there is none that fits that role better then bringing in a foreigner. I would think, on the host country's part, it would be a real conflict of interest if she, who wants the job, conducted the search of locals to show how she is the only qualified one for the position. Thus, she would do that, or show the parent "company" back in the states how to do that, to hire her.

But it's not so easy. You have to publicly announce your open position. That means in the paper, online, and of course at the RAV office. Once posted for a period of something like 6 weeks atleast, you can take the next step. However; this ain't tha states baby. Everything is documented here. So say Jorgen, who is either Swiss, or a foreigner, quite possibly another american with a Permit B or C, applies for the job in question. If the parent company refuses to interview him, they will have to document it, and why. Each time. If Jorgen is registered at the RAV, and it's usually the thing to do when you are out of a job, each time he applies to a new job wether it's online or thru the mail, he has a form to fill out for each month. He writes down all the company details, and he turns it in every month at his local RAV office. If he doesn't get a letter in the mail from that company saying "Sorry we only want a Yankee(that is not currently holding a Permit and already legal to work in Switzerland, at our desk, sorry", then the RAV will follow up on it.

Even if you get past that 6 weeks of burning thru qualified Swiss and American candidates, it doesn't mean on week 7 you are enjoying Rosti and a pint at the company canteen, of 1, directing your first conference call with Sqwauk on the Street. There is still the matter, of this parent company, going to ask permission to provide a visa for you to work there, so there fore, it needs to already be established before you are. This will also mean, that you will need to take a flight back to the states, and wait until approved. Or out of the eurozone atleast.
However, if you want some further tips on how to defruad the Swiss government go to this link...



It's actually how to fraud the US government, but, you get the idea.
Reply With Quote
  #20  
Old 24.04.2010, 13:36
tina_us's Avatar
Newbie
 
Join Date: Nov 2009
Location: lausanne
Posts: 8
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
tina_us has no particular reputation at present
Re: Non EU representative for CH branch office

Wow that’s huge piece of info “ How to crack the RS 142.20 Federal Law on Foreigners Art. 21 Priority for : EU, Swiss or even existing Swiss B/C permit holders”.

"The intra-company transfer”- within the Art.30 of RS 142.20

It’s possible to waive the requirements for admission (Art. 18-29) such as:
-Priority (for EU- Swiss / B-C permit holders-Art.21)
-Personal qualifications (Art. 22 AuG)
-Salary (Art. 23)
However -cracking the Art. 21 is perfect, while you are recruiting someone completely outside of the enterprise, irrespective to the process of intra-company transfer Act.

But as an employer you can’t over look the Art.22-23 though you are sending an executive from the intra-company transfer process .So you need to be more specific on personal qualification for an executive and his /her salary.

As a conclusion : you don’t need to prove the Swiss migrations authority that : we were unable to find an employee on Swiss and EU labor market.

***Though this is very normal for intra - intra-company transfer process to apply for a Swiss work visa !!
But a personal who’s legally reside in Switzerland doesn’t need a Visa to re-enter in Switzerland;
It’s something like : A French company is sending an executive to its Swiss branch , thus he/she ‘s entitled to move anywhere in Switzerland !! But what’s she /he needs: that her employer will apply for a resident and work permit on behalf.
I hope, that’s how the RS 142.20-Art.30 work.
Anyway comments ?
Cheers ,
Tina
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
US co. - branch office questions valaiski Business & entrepreneur 1 21.07.2008 17:50
Representative Office - How to bbking Business & entrepreneur 2 24.06.2008 14:56


All times are GMT +2. The time now is 18:44.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0