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Old 03.09.2020, 13:49
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Switch to UK Employer - Remote Work From Switzerland?

Hi all

I know there have been various posts in this forum about similar situations to mine, which have provided some useful information but do not cover the entirety of my personal context. I'd therefore be grateful for your further insight.

I am a third-country national, having been living and working in Switzerland for the last 5 years on a "Familiennachzug mit Erwerbstatigkeit" B-permit. My wife, who was the first one to arrive in Switzerland (hence my own "familiennachzug" designation), is also a third-country national.

My existing employer set up a legal presence in Switzerland to employ me here, which is when I got my permission to work. They are now in the process of business rationalisation (closing down the Swiss presence), and want to employ me out of their office in the UK.

Note that none of my day-to-day work is actually Swiss-based - I live in Switzerland to be with my wife and daughter, but my work is not for Swiss clients, nor does it impact on Switzerland (hence, in theory, I do not compete with Swiss people for the job).

Also note that, as far as I understand, my third-country B-permit status prevents me from simply setting up my own company, or establishing myself up as self-employed. This constrains my options.

So some questions I am hoping you can shed some light on:

1) I assume that my permission to work is attached to my current role and employer, which will cease to exist. If I am employed out the UK by a new legal entity, and work remotely from Switzerland on non-Swiss work, do I need to get a new 'permission to work' from the relevant Swiss authorities?

2) I will still be fully resident in Switzerland, and my only connection to the UK will be a UK-based employer (I have no right to live in UK regardless). So I assume, given my understanding of the DTA, I will just continue to pay income taxes in Switzerland?

3) It seems that, from what I've read elsewhere, there will need to be some kind of 'ANOBAG' arrangement (or perhaps utilising an intermediary payroll service). Through this arrangement, I will continue to pay all necessary pension/social/insurance deductions (that would normally be split between local employer and employee). Are these payments still necessary, even if I am only doing non-Swiss work? And related to question (1), do they, by their existence and logic, also imply that I need 'permission to work' from the authorities, even thought this a pure remote arrangement?

4) Would I have to pay the various compulsory pension/insurance/social security amounts on the UK side?

5) Bonus question (more for my employer to figure out, but I am curious) - to be employed by a UK company, do I need a UK work permit, given I have to right to work there and potentially taking a job from a local?

Thanks for your time :-)
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Old 03.09.2020, 14:15
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Re: Switch to UK Employer - Remote Work From Switzerland?

Just also found this thread: https://www.englishforum.ch/employme...d-bad-ugl.html

It seems to imply that ANOBAG is not compulsory, if you are employed by a foreign company but work remotely from Switzerland. You could just have a foreign employment contract, and not pay any kind of social insurance or mandatory pension contributions. Is this correct?

It also seems to imply, with regards to my question (1), that I would not need permission to work in this situation given my role does not impact on the Swiss labour market. Is this accurate?

Thanks once again, for reading my long-winded post, and indulging my talking to myself
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Old 03.09.2020, 14:20
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Re: Switch to UK Employer - Remote Work From Switzerland?

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Just also found this thread: https://www.englishforum.ch/employme...d-bad-ugl.html

It seems to imply that ANOBAG is not compulsory, if you are employed by a foreign company but work remotely from Switzerland. You could just have a foreign employment contract, and not pay any kind of social insurance or mandatory pension contributions. Is this correct?
I've read that thread and as far as social insurance goes, I really don't think that is the right conclusion to draw.
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Old 04.09.2020, 16:54
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Re: Switch to UK Employer - Remote Work From Switzerland?

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I've read that thread and as far as social insurance goes, I really don't think that is the right conclusion to draw.
Thanks, appreciate the further clarity.

Perhaps the correct interpretation is that one would always need to make the necessary contributions when 'employed' by an off-shore firm, but not necessarily through the ANOBAG scheme (ie. it could be through payroll leasing arrangement).
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