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Old 31.10.2016, 19:34
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Unsure of my situation regarding employment (no contract or payslips)

Hello, I have an issue that I'm a bit confused/concerned with. I've been in Switzerland for almost a year now and have been doing bar work and waitering but have recently moved jobs. I have taken up a part time position in a very small gardening company to see me through my last couple months in CH. The issue is that my new 'employer' hasn't given me any paperwork to sign and I haven't received a payslip from him with my salary, basically just a transfer into my account? I'm on a B Permit and I am taxed at source from what I experienced with my last job. I don't think my employer is deducting tax from my income and I'm worried that when the time for me comes to leave Switzerland in December they will make me pay taxes on what he has paid me as they might think I was self employed or something because I haven't signed an employment contract. I don't even know if that's how it works because tax should be deducted automatically and if I had known this then I might not have taken the job because the rate I now receive will obviously be less if the gemeinde says I need to pay tax on what I earned. Is this my fault or my employers? I was told by a friend I will need to declare my income for this year with the gemeinde since I am leaving for an extended period and I don't have plans to return (I may or may not, I don't really know yet) and this is necessary so that I can cancel my health insurance as well.

Let me know what you think!
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Old 31.10.2016, 20:27
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Re: Unsure of my situation regarding employment (no contract or payslips)

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Hello, I have an issue that I'm a bit confused/concerned with. I've been in Switzerland for almost a year now and have been doing bar work and waitering but have recently moved jobs. I have taken up a part time position in a very small gardening company to see me through my last couple months in CH. The issue is that my new 'employer' hasn't given me any paperwork to sign and I haven't received a payslip from him with my salary, basically just a transfer into my account? I'm on a B Permit and I am taxed at source from what I experienced with my last job. I don't think my employer is deducting tax from my income and I'm worried that when the time for me comes to leave Switzerland in December they will make me pay taxes on what he has paid me as they might think I was self employed or something because I haven't signed an employment contract. I don't even know if that's how it works because tax should be deducted automatically and if I had known this then I might not have taken the job because the rate I now receive will obviously be less if the gemeinde says I need to pay tax on what I earned. Is this my fault or my employers? I was told by a friend I will need to declare my income for this year with the gemeinde since I am leaving for an extended period and I don't have plans to return (I may or may not, I don't really know yet) and this is necessary so that I can cancel my health insurance as well.

Let me know what you think!
There is no need by law to have a contract or monthly payslips. An annual pay tax summary must be provided.

You can't be self employed with out permission, your employer knows this so will be ultimately responsible for deductions. If you earn less than 2k in a year then you can sign a form that lets the employer off the hook.

Last edited by fatmanfilms; 31.10.2016 at 23:15.
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Old 31.10.2016, 21:57
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Re: Unsure of my situation regarding employment (no contract or payslips)

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There is no need by law to have a contract or monthly payslips. An annual pay tax summary must be provided.

You can't be self employed with permission, your employer knows this so will be ultimately responsible for deductions. If you earn less than 2k in a year then you can sign a form that lets the employer off the hook.
Ok, thanks for the info. So he needs to supply me with a form of my earnings while with him?.. I earn more than 2k a year so that form you talk of can't be used.
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Old 31.10.2016, 22:07
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Re: Unsure of my situation regarding employment (no contract or payslips)

This maybe a bit off topic, but I have heard of a basis minimum wages for Swiss workers, is this true or is it between the worker and the employer to decide what the wage will be for a worker based on their skills and work history? thanks Martin
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Old 31.10.2016, 22:10
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Re: Unsure of my situation regarding employment (no contract or payslips)

There are no minimum wages in Switzerland
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Old 01.11.2016, 01:56
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Re: Unsure of my situation regarding employment (no contract or payslips)

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There are no minimum wages in Switzerland
That's only partially true.
Actually, if I had to chose between true or false I'd call it false.

GAV = Genereller Arbeitsvertrag, common and general employment contract and conditions (for the respective economic sector, often additionally divided into geographic areas [Romandie, Ticino, German speaking areas]). See here.

If a GAV is in place, that general contract defines the minimal conditions, (always?) including minum wage. If a sector knows a L-GAV (Landes-GAV, nationwide GAV) the minimum conditions for that particular economic sector are the same all over Switzerland.

OP, it's probably a good idea to contact your local Arbeitsamt. The general aproach is that the onus is on the party with the knowledge (the employer in your case), it's also the employer who has to make the appropriate deductions and make sure the money goes where it's supposed to.
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Old 01.11.2016, 03:43
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Re: Unsure of my situation regarding employment (no contract or payslips)

Another variation of the GAV is a NAV (the N stands for Norm).

However, even when a NAV does exist (for example for domestic workers)
a) the wages specified there are low,
and
b) a contract can be made with a clause specifying that "the NAV does not apply".
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Old 01.11.2016, 03:54
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Re: Unsure of my situation regarding employment (no contract or payslips)

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OP, it's probably a good idea to contact your local Arbeitsamt. The general aproach is that the onus is on the party with the knowledge (the employer in your case), it's also the employer who has to make the appropriate deductions and make sure the money goes where it's supposed to.
Another way to check that everything is being done properly is to ask the social security office (in German AHV, in French AVS, which is the government scheme for old-age and disability pensions) whether all your contributions have been paid in correctly by your employer.

50% or less of the required contribution can be deducted from your wage, the remaining 50% or more must be paid by your employer.

It is well worth making sure this is done correctly so you are insured in case of disability. Also, in some cases, even if you leave Switzerland, your years of contribution count towards your old-age pension.
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Old 01.11.2016, 08:08
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Re: Unsure of my situation regarding employment (no contract or payslips)

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Another way to check that everything is being done properly is to ask the social security office (in German AHV, in French AVS, which is the government scheme for old-age and disability pensions) whether all your contributions have been paid in correctly by your employer.



50% or less of the required contribution can be deducted from your wage, the remaining 50% or more must be paid by your employer.



It is well worth making sure this is done correctly so you are insured in case of disability. Also, in some cases, even if you leave Switzerland, your years of contribution count towards your old-age pension.


The payments often don't show for 9 months is my experience, even true from government agencies
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