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Old 16.07.2021, 11:52
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Remote work for Swiss employer, while residing in EU country - patent attorney

Hello all,

I am wondering if anyone has any insight regarding remote work from an EU country for a Swiss employer.

I read something about some recent changes in the law ?

I am a patent attorney and in the past have received interest from Swiss employers.

I will soon also qualify as a lawyer for an important patent jurisdiction.

Does anyone have any idea how receptive an employer would be to remote work, for a firm or for in-house roles?

I can't relocate at the moment, but I could certainly do an arrangement where I travel to the work location on a regular basis.

I'm in the early stages of exploring such a situation and would appreciate any comments! Thank you!
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Old 16.07.2021, 13:01
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Re: Remote work for Swiss employer, while residing in EU country - patent attorney

Can't help on the remote working side, but as for moving here. Look at the non-EU hiring criteria.

https://www.sem.admin.ch/sem/en/home...zulassung.html

Basically any Swiss employer would have to prove they can't find a Swiss/EU national who could do the job before they'd be given permission to hire you so you could move here.
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Old 16.07.2021, 13:16
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Re: Remote work for Swiss employer, while residing in EU country - patent attorney

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Can't help on the remote working side, but as for moving here. Look at the non-EU hiring criteria.

https://www.sem.admin.ch/sem/en/home...zulassung.html

Basically any Swiss employer would have to prove they can't find a Swiss/EU national who could do the job before they'd be given permission to hire you so you could move here.
Thank you for the information!

Do you happen to know if there is a further tier of preference by law? That is, to hire Swiss before EU?

I'm a third country national currently awaiting decision on EU citizenship application where I live. Indeed if I were to consider moving/job in Switzerland I would wait to have that first.
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Old 16.07.2021, 15:00
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Re: Remote work for Swiss employer, while residing in EU country - patent attorney

I don't know anything about law - so grain o' salt - but a comment nonetheless.

In the field I do know, the pendulum seems to be swinging against widespread remote work as more and more hidden costs become apparent. The initial enthusiasm seems to be tempered, as the infrastructure savings have not yet proving to be enough to offset those costs.

One thing that seems to be a hot button issue: Paying a Swiss salary to previously Swiss-based employees who choose to continue to work remotely is unlikely to continue post pandemic.

Of course, this is whole lotta YMMV.

You might want to prepare yourself with a solid argument as to how working remotely in the particular job you are looking to do can be a cost win for the company.
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Old 16.07.2021, 15:03
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Re: Remote work for Swiss employer, while residing in EU country - patent attorney

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hat is, to hire Swiss before EU?
Yes. There is a chain of preference: hire Swiss before EU/EFTA, hire EU/EFTA before non-EU/EFTA.

https://www.sem.admin.ch/sem/en/home...gehoerige.html

Your future employer must prove that there is no suitable person to fill the job vacancy from Switzerland or from an EU/EFTA state. Also, the salary, social security contributions and the terms of employment for foreign workers must be in accordance with conditions customary to the region, the profession and the particular sector.

This may change, with the coming frictions between EU and Switzerland.
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Old 16.07.2021, 16:22
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I don't know anything about law - so grain o' salt - but a comment nonetheless.

In the field I do know, the pendulum seems to be swinging against widespread remote work as more and more hidden costs become apparent. The initial enthusiasm seems to be tempered, as the infrastructure savings have not yet proving to be enough to offset those costs.

One thing that seems to be a hot button issue: Paying a Swiss salary to previously Swiss-based employees who choose to continue to work remotely is unlikely to continue post pandemic.

Of course, this is whole lotta YMMV.

You might want to prepare yourself with a solid argument as to how working remotely in the particular job you are looking to do can be a cost win for the company.
Thanks. That makes sense. Indeed, employers seem cornered into now having to provide facilities both at the office and at home for WFH employee.

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Yes. There is a chain of preference: hire Swiss before EU/EFTA, hire EU/EFTA before non-EU/EFTA.

https://www.sem.admin.ch/sem/en/home...gehoerige.html

Your future employer must prove that there is no suitable person to fill the job vacancy from Switzerland or from an EU/EFTA state. Also, the salary, social security contributions and the terms of employment for foreign workers must be in accordance with conditions customary to the region, the profession and the particular sector.

This may change, with the coming frictions between EU and Switzerland.
Thanks! Ahh I wasn't aware of those frictions, will read up on that.

Last edited by 3Wishes; 18.07.2021 at 21:23. Reason: merging consecutive replies
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Old 16.07.2021, 21:19
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Re: Remote work for Swiss employer, while residing in EU country - patent attorney

Also, of non-EU/EFTA, the preference is "Inlšnder", i.e. someone who is already living in Switzerland, before "Auslšnder", i.e. someone who would be newly applying to live and work in Switzerland.
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Old 16.07.2021, 21:38
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Re: Remote work for Swiss employer, while residing in EU country - patent attorney

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Yes. There is a chain of preference: hire Swiss before EU/EFTA, hire EU/EFTA before non-EU/EFTA.

https://www.sem.admin.ch/sem/en/home...gehoerige.html

Your future employer must prove that there is no suitable person to fill the job vacancy from Switzerland or from an EU/EFTA state.
Yes. About gathering such proof, I posted an example in this thread:
https://www.englishforum.ch/permits-...-my-story.html
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Old 05.08.2021, 20:16
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Re: Remote work for Swiss employer, while residing in EU country - patent attorney

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Also, of non-EU/EFTA, the preference is "Inlšnder", i.e. someone who is already living in Switzerland, before "Auslšnder", i.e. someone who would be newly applying to live and work in Switzerland.
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Yes. About gathering such proof, I posted an example in this thread:
https://www.englishforum.ch/permits-...-my-story.html
Many thanks doropfiz!
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