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Old 20.02.2020, 17:29
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ANOBAG vs fictitious self-employment

Hey all :-)

I'm exploring my options to move to Switzerland, and have somewhat settled on the route of ANOBAG. I explored Payroll Plus and similar, but my employer is not willing to put up the 3 month salary deposit required (to apply for B permit).

As I have generally understood, ANOBAG has nothing to do with self-employment. But I also found information - including on this forum - contradicting this.

So, what's up and down? If I were to move forward with ANOBAG, is there a risk of being accused of fictitious/false self-employment? I would be on a regular employment contract.
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Old 20.02.2020, 17:57
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Re: ANOBAG vs fictitious self-employment

I think you are fundamentally misunderstanding the difference.

ANOBAG is a social security status for people in Switzerland who are employed by a company outside Switzerland. You will therefore pay both employer's and employee's social security contributions. As you will be doing this, there's nothing fictitious or false about it.

Fictitious/false self-employment refers to a situation where an individual works for (usually contracting) a single company putatively on a self-employed basis and hence responsible for their own social security contributions but they are reliant on one income-provider and have to do as they are told. The SVA then deems it a situation where the employer is trying to reduce its costs and get out of paying its statutory social security obligations for an employee by passing those costs onto the employee.
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Old 21.02.2020, 12:30
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Re: ANOBAG vs fictitious self-employment

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I think you are fundamentally misunderstanding the difference.

ANOBAG is a social security status for people in Switzerland who are employed by a company outside Switzerland. You will therefore pay both employer's and employee's social security contributions. As you will be doing this, there's nothing fictitious or false about it.

Fictitious/false self-employment refers to a situation where an individual works for (usually contracting) a single company putatively on a self-employed basis and hence responsible for their own social security contributions but they are reliant on one income-provider and have to do as they are told. The SVA then deems it a situation where the employer is trying to reduce its costs and get out of paying its statutory social security obligations for an employee by passing those costs onto the employee.
That's a great and clear answer - thanks a lot!

I have some additional questions regarding the whole setup. Maybe you or someone else knows?

- Is there minimum wage requirements? I have worked professionally as a programmer ("PHP developer" or "web developer") for around 10 years.

- Are there important things my employer should consider having an employee living in and working from Switzerland? Maybe labor law conditions that have to be met that are different between Denmark and Switzerland?

- Our employment contract is in Danish. Is it acceptable to merely have a translated copy, or would we have to sign a new contract written in German? In other words: Should the actual paper binding us be in German, or can I submit a translation, and still have the Danish version be the contract binding us?
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