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Old 22.02.2019, 14:04
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Baby sitter (EU) applying for working permit

Hello,

I need some advice.

Background to story. Our previous baby sitter, who is (from Spain) new to Switzerland and had no working permit at the time, got a job about 2 months ago therefore her status changed. Now she has a working B permit as a nanny for another family (total 20 working hours). This meant that she had to quit us but then her boyfriend took her place and works for us now. Well his situation is similar to his girlfriend a couple months back, meaning that he got 3 months to look for job and to stay in Switzerland otherwise then he will have to leave the country. Currently he is our baby sitter working full time (roughly 30-35hrs) for the last 2 months (this is because our son was often sick and he couldnít go to day care). Heís just a visitor here and therefore doesnít have AHV, insurance, etc. just yet, but he will be starting with his registration from Mar 1st. He asked us if we can write a contract so he can show it to his gemeinde in order to apply for the work permit in order to stay in CH. We really like him (most importantly our kids really like him too) and hope he can stay in Swiss and can help us out when we need him, but at the same time we want to do the right thing. Hubby is German and Iím Australian so we canít say we need him to stay because of a language requirement.

Now my questions are:
1. Currently we would like to put together a 10hrs/week contract (as this is most likely scenario in future). Is this enough to apply for a work permit here? What happen if we write 20hours permanent role in the contract but in reality heíd be working less, therefore less money paid into AHV, ALV, tax and so on ? Do we have to notify his gemeinde then?
2. Anyone having similar situation? Could you please share your experience and process you went through?

Many thanks!
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Old 22.02.2019, 14:17
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Re: Baby sitter (EU) applying for working permit

"Currently he is our baby sitter working full time (roughly 30-35hrs) for the last 2 months (this is because our son was often sick and he couldnít go to day care). Heís just a visitor here and therefore doesnít have AHV, insurance, etc. just yet"


If he works for you, he works for you and you should pay all that is necessary. Apart from that, you have to have a permit when you work here....



Are you seriously asking how to circumvent the law?


Give the guy a contract on what he will do and pay what is necessary. What would you then pay him for the 10 hours?
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Old 22.02.2019, 14:43
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Re: Baby sitter (EU) applying for working permit

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Currently he is our baby sitter working full time (roughly 30-35hrs) for the last 2 months (this is because our son was often sick and he couldnít go to day care). Heís just a visitor here and therefore doesnít have AHV, insurance, etc. just yet, but he will be starting with his registration from Mar 1st.
No he is not a visitor, he is an illegal work employed by you.


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but at the same time we want to do the right thing.
You should have been doing that from the start.

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Could you please share your experience and process you went through?
You seriously expect people to advise you on how to break the laws...
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Old 22.02.2019, 14:43
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Re: Baby sitter (EU) applying for working permit

a) he's working illegally since he doesn't have a permit. And sounds like your previous sitter was also working illegally.

b) 10 hours a week is unlikely to be enough to get a permit. He would probably need at least 50% of the normal working week which iirc is 37.5 hours here. If he can come up with someone else to employ him for a similar time it might be okay.
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Old 22.02.2019, 15:20
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Re: Baby sitter (EU) applying for working permit

We want to do the right thing in future, hence my questions. So please don’t judge without knowing the full story.

Few months back we were in a rush to look for sitter. (As our previous sitter, [name removed], who is Swiss had to take care of a sick family). So we hired [name removed] as she was the one available on short notice (through a babysitting website) at the time. Little did we know she was a visitor here (her mum lives and work here). We normally would pay social contribution, taxes and so on through an agent but she said she’s just visiting and will leave afterwards. But then she got a job & permit. As we are too comfortable with her we asked if she can recommend someone else to take over (cos we didn’t want to go through interview etc), that’s when the [name removed] comes in picture (as he was visiting too). Of course we could’ve said no but he was often at our place to pick up [name removed] so kid got exposure to him and like him.

Of course at the time, it was all temporary until my son (7 months old now) got often sick and constantly get refused by the day care. We then asked Brad if he can work longer hours.

Now he’s also in the situation that he likes Switzerland, wants to stay, wants to be close his gf, wants to start from beginning. Haven’t we all been there and wished that if there was more help someone could offer us back then, it would have been much easier?? And I’m not smuggling an illegal worker here to get cheap Labour and stuff, it was all by chance.

We definitely will hire him 10/hrs a week, unless of course if we needed him more due to sickness. The Gemeinde where he is registering told him 20hrs is the norm but we don’t want to commit this number because if we don’t need him for this time obviously we will not pay more into all his pension and insurance contributions. Also if we sign a 20hr contract, then he reduce to 10hr, is it our duty to inform his Gemeinde?

Last edited by 3Wishes; 22.02.2019 at 22:02. Reason: removed names for privacy reasons
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Old 22.02.2019, 15:35
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Re: Baby sitter (EU) applying for working permit

Sorry dear, you are breaking the law.


Check out what the requirements are for a permit. If you sign a 20 hour contract, you will be required to pay whatever is due for those 20 hours.



How do you expect your babysitter to live (survive financially) in Switzerland on a contract of 10 hours?

Last edited by roegner; 22.02.2019 at 16:35.
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Old 22.02.2019, 15:36
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Re: Baby sitter (EU) applying for working permit

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We want to do the right thing in future, hence my questions. So please don’t judge without knowing the full story.

Few months back we were in a rush to look for sitter. (As our previous sitter, [name removed], who is Swiss had to take care of a sick family). So we hired [name removed] as she was the one available on short notice (through a babysitting website) at the time. Little did we know she was a visitor here (her mum lives and work here). We normally would pay social contribution, taxes and so on through an agent but she said she’s just visiting and will leave afterwards. But then she got a job & permit. As we are too comfortable with her we asked if she can recommend someone else to take over (cos we didn’t want to go through interview etc), that’s when the [name removed] comes in picture (as he was visiting too). Of course we could’ve said no but he was often at our place to pick up [name removed] so kid got exposure to him and like him.

Of course at the time, it was all temporary until my son (7 months old now) got often sick and constantly get refused by the day care. We then asked Brad if he can work longer hours.

Now he’s also in the situation that he likes Switzerland, wants to stay, wants to be close his gf, wants to start from beginning. Haven’t we all been there and wished that if there was more help someone could offer us back then, it would have been much easier?? And I’m not smuggling an illegal worker here to get cheap Labour and stuff, it was all by chance.

We definitely will hire him 10/hrs a week, unless of course if we needed him more due to sickness. The Gemeinde where he is registering told him 20hrs is the norm but we don’t want to commit this number because if we don’t need him for this time obviously we will not pay more into all his pension and insurance contributions. Also if we sign a 20hr contract, then he reduce to 10hr, is it our duty to inform his Gemeinde?
No one said you were smuggling anyone, but the fact is that both of them were/are working illegally. The law is quite clear on this

https://www.sem.admin.ch/sem/en/home...aq.html#Taking up residence and gainful employment

Since the short notification procedure doesn't apply here, then they shouldn't have been working without registering as being resident.

If you don't want to commit to 20 hours a week (and he can't reduce that without your permission if that's what's in the contract) then he'll have to find someone else he can also work for as a babysitter or another part time job to make up the number of hours to keep the gemeinde happy. Otherwise, no permit will be issued plain and simple.

And I have to add stop employing him right now. He's not allowed to work period atm so both you and he are breaking the law.

Last edited by 3Wishes; 22.02.2019 at 22:02. Reason: removed names from quoted text
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Old 22.02.2019, 15:39
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Re: Baby sitter (EU) applying for working permit

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We want to do the right thing in future, hence my questions. So please donít judge without knowing the full story.
It is very hard to take you seriously when you then follow that up with this:

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Also if we sign a 20hr contract, then he reduce to 10hr, is it our duty to inform his Gemeinde?
If you want to employ him for 10 hours then to that and stop expecting us to condone your actions.
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Old 22.02.2019, 16:15
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Re: Baby sitter (EU) applying for working permit

We never had to write a contract as normally our previous sitter (Swiss) writes her hours and we pay based on hours worked, a month later. This is the first time we ďhadĒ to write a contract (as a good faith). The 10 hours is a more likely course for our household and even if he doesnít work the 10hours, we are ready to pay this on a weekly basis without breaking the bank. The 20hrs will be a less likely scenario but it could happen as it happen in the past.
Heís from Spain.

I think itís pretty clear to me what we need to do. Thanks!
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Old 22.02.2019, 22:05
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Re: Baby sitter (EU) applying for working permit

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...I think itís pretty clear to me what we need to do...
I also get the impression it was clear to you before that you were breaking the law and didn't care. Now you want to sort of comply with it but not really. And seriously - posting their real names in a public forum? The mind boggles.
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Old 22.02.2019, 23:02
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Re: Baby sitter (EU) applying for working permit

Hey, we employ people illegally and these are their names and nationality.

This must be a joke right? Nobody can be that dumb.. (I hope)
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