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25.04.2021, 20:15
| Banned | | Join Date: Apr 2021 Location: Switzerland
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | Your advice is not legally correct because legally this is not a simple yes it is allowed. | | | | | From a legal standpoint it is certainly allowed.
Whether or not the employer establishes an internal rule to forbit it is different, and they would not be in a position to oblige or enforce it.
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25.04.2021, 20:28
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | Can a mod please permanently ban this user for aggresivity and bullying? | | | | | I presume you mean the troll JulietteK?
Tom
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25.04.2021, 20:30
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | I presume you mean the troll JulietteK?
Tom | | | | | No, at no point was I directly bullying another user or being aggressive which is against forum rules.
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25.04.2021, 20:31
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | No, at no point was I directly bullying another user or being aggressive which is against forum rules. | | | | | Seems so to me.
Tom
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25.04.2021, 20:34
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | Seems so to me.
Tom | | | | | No, I am simply defending my point of view not openly attacking or insulting other users.
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25.04.2021, 22:30
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | Impact on what? Taxes are not due in Germany but Switzerland as she will be physically performing work in Switzerland. The German employer and employee in Switzerland will continue paying for German social security expenses, hence will need not pay for AHV here (as I said in an earlier post).
About data protection, the employee is still legally employed by the German entity and works remotely via a VPN connection (to Germany). What exact data protection rules are you referring to?
The employer already allows the employee to work remotely. Where the employee works from is none of their business. | | | | | You seem to have no concept of contract law, data protection law or tax law.
1. You have not seen the employees contract, you cannot possibly state that place of work is not relevant, and to say it is none of their business is plain wrong when there are any number of reasons why it could be.
2. While Switzerland is defined as equivalent for GDPR purposes, many states have additional protections for certain types of data. If OP is processing that sort of data, doing so from Switzerland could easily be forbidden.
3. How many German companies are going to be happy sorting out Swiss tax issues?
Why do you keep making sweeping statements on threads and then completely failing to back them up with any actual evidence? A link to any source of proof other than your own opinion would be useful.
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25.04.2021, 22:45
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | |
Why do you keep making sweeping statements on threads and then completely failing to back them up with any actual evidence? A link to any source of proof other than your own opinion would be useful.
| | | | | I know full well what I am talking about and, unlike yours, my claims are backed by direct experience and extensive knowledge on the matters involved. At the very minimum my posts provide initial guidance on further research for the interested party - I am not going to waste my time spoon feeding information just to prove my point on a forum where double standards and bullying when one is confronted with new information are the norm. | Quote: | |  | | | 1. You have not seen the employees contract, you cannot possibly state that place of work is not relevant, and to say it is none of their business is plain wrong when there are any number of reasons why it could be.
2. While Switzerland is defined as equivalent for GDPR purposes, many states have additional protections for certain types of data. If OP is processing that sort of data, doing so from Switzerland could easily be forbidden.
3. How many German companies are going to be happy sorting out Swiss tax issues? | | | | | Do you have evidence to support this?
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26.04.2021, 02:33
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | Do you have evidence to support this? | | | | | What does EHIC even stand for?
According to my sources it's short for "better stop digging", but what does your extensive knowledge say and what evidence do you have to support this?
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26.04.2021, 07:19
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | What does EHIC even stand for?
According to my sources it's short for "better stop digging", but what does your extensive knowledge say and what evidence do you have to support this? | | | | | My sources say it stands for European Health Insurance Card
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26.04.2021, 07:23
| Forum Legend | | Join Date: Feb 2010 Location: CH
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | What does EHIC even stand for?
According to my sources it's short for "better stop digging", but what does your extensive knowledge say and what evidence do you have to support this? | | | | | EHIC stands for European Health Insurance Card. https://ec.europa.eu/social/main.jsp?catId=559
I used to have that issued by another state, but after I moved here I had to make a new health insurance of course. | Quote: | |  | | | Could I do that? Which kind of visa and work condition that I need? Please suggest me.
Note:I am none EU citizen, graduated PhD from German Universitie, having 7 years experience in Germany. | | | | | OP, maybe you could ask your current employer? The fact that you are not an EU citizens is neither here nor there since your residence permit in DE gives you the same rights in regards with labour law like any German citizen. So you'll want to maintain that, I suppose.
What you need to ask is which social contributions you'll still have to pay considering in CH you must have a Swiss health insurance if you'll get a residence permit (and you'll get one, no worries).
Last edited by greenmount; 26.04.2021 at 07:34.
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26.04.2021, 07:44
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| | Re: How to live in Switzerland with working contact from Germany https://en.wikipedia.org/wiki/Europe...Insurance_Card
It does not cover non urgent care so for anything apart from emergencies you need to go to your home country
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26.04.2021, 07:52
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | | | | | | It's clear OP will need a Swiss health insurance as a resident in CH, what is not clear is whether she'll pay full social contributions in DE too. My guess is she'll have to pay both.
Choose the cheapest health insurance here and problem solved.
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26.04.2021, 08:02
| Banned | | Join Date: Apr 2021 Location: Switzerland
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | It's clear OP will need a Swiss health insurance as a resident in CH, what is not clear is whether she'll pay full social contributions in DE too. My guess is she'll have to pay both.
Choose the cheapest health insurance here and problem solved. | | | | | Not needed in CH as paying social contributions in DE and fully covered in CH via German EHIC/S1 form: https://www.fedlex.admin.ch/eli/cc/1..._3867/de#art_2
Art. 2 Ausnahmen von der Versicherungspflicht
1. Es unterstehen nicht der Versicherungspflicht:
d. Personen, die nach dem Freizügigkeitsabkommen sowie seinem Anhang II, dem EFTA-Abkommen, seinem Anhang K und Anlage 2 zu Anhang K oder einem Abkommen über Soziale Sicherheit wegen ihrer Erwerbstätigkeit in einem anderen Staat den Rechtsvorschriften dieses Staates unterstellt sind;
1. it is not subject to compulsory insurance:
d. Persons who, under the Agreement on the Free Movement of Persons and its Annex II, the EFTA Agreement, its Annex K and Appendix 2 to Annex K, or a social security agreement, are subject to the legislation of another state on account of their gainful employment in that state;
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26.04.2021, 08:46
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | Not needed in CH as paying social contributions in DE and fully covered in CH via German EHIC/S1 form: https://www.fedlex.admin.ch/eli/cc/1..._3867/de#art_2
Art. 2 Ausnahmen von der Versicherungspflicht
1. Es unterstehen nicht der Versicherungspflicht:
d. Personen, die nach dem Freizügigkeitsabkommen sowie seinem Anhang II, dem EFTA-Abkommen, seinem Anhang K und Anlage 2 zu Anhang K oder einem Abkommen über Soziale Sicherheit wegen ihrer Erwerbstätigkeit in einem anderen Staat den Rechtsvorschriften dieses Staates unterstellt sind;
1. it is not subject to compulsory insurance:
d. Persons who, under the Agreement on the Free Movement of Persons and its Annex II, the EFTA Agreement, its Annex K and Appendix 2 to Annex K, or a social security agreement, are subject to the legislation of another state on account of their gainful employment in that state; | | | | | It doesn't say anything about "fully covered". OP would have to travel to Germany for anything other than treatment covered by EHIC.
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26.04.2021, 09:29
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | It doesn't say anything about "fully covered". OP would have to travel to Germany for anything other than treatment covered by EHIC. | | | | | Definitely not.
The exemption is provided because the issuing state (Germany in this case) covers full costs of treatments in the residence country (Switzerland) given that the OP would be subject to German social security expenses. The KVG common institute in Kanton SO underwrites all medical bills and then ensures that the issuing state subsequently pays them.
Personen, die in einem EU-Staat, in Island oder Norwegen einem gesetzlichen Krankenversicherungssystem angehören, haben Anspruch auf medizinische Behandlungen bei Krankheit, Nichtberufsunfall oder Mutterschaft, wenn sie in der Schweiz wohnen. Die Gemeinsame Einrichtung KVG nimmt für die ganze Schweiz die Anspruchsprüfung vor und koordiniert die Abrechnung der Behandlungskosten sowie die Weiterverrechnung an die zuständige Krankenversicherung im Ausland.
Persons who belong to a statutory health insurance system in an EU state, Iceland or Norway are entitled to medical treatment in the event of illness, non-occupational accident or maternity if they reside in Switzerland. The Gemeinsame Einrichtung KVG carries out the entitlement check for the whole of Switzerland and coordinates the settlement of the treatment costs as well as the onward settlement to the responsible health insurance abroad. https://www.kvg.org/de/wohnsitz-in-d...--1--1077.html | 
26.04.2021, 09:37
| Banned | | Join Date: Apr 2021 Location: Switzerland
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| | Re: How to live in Switzerland with working contact from Germany
To all readers / new users / newcomers to Switzerland, take any advice provided by the so called 'Forum Legends' on here with a pinch of salt. It seems to me they were once newcomers to Switzerland as well and have not fully grasped every little detail of how things work due to language or cultural barriers just as you fresh newcomers may be experiencing.
What is astonishing is how adamantly some users behave and their conviction in the misinformation they spread.
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26.04.2021, 09:48
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | To all readers / new users / newcomers to Switzerland, take any advice provided by the so called 'Forum Legends' on here with a pinch of salt. It seems to me they were once newcomers to Switzerland as well and have not fully grasped every little detail of how things work due to language or cultural barriers just as you fresh newcomers may be experiencing.
What is astonishing is how adamantly some users behave and their conviction in the misinformation they spread. | | | | | To shed some light on the suppression culture on here and lack of freedom of opinion, I just received an infraction for this post from mod roegner because it was considered "Insulted Other Member(s)", which is in no way directly targeted at any specific user and is most definitely not an insult.
However, when I am insulted in a previous post, no action is taken.
Very interesting.
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26.04.2021, 10:40
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | Not needed in CH as paying social contributions in DE and fully covered in CH via German EHIC/S1 form: | | | | | From Helsana webpage | Quote: |  | | | If you move to Switzerland but still work in an EU/EFTA country, then, according to the «place of employment principle», you must be insured in the country where your employer is based. This also applies if you are self-employed. In this case, it is not possible for you to purchase health insurance in Switzerland. | | | | | It seems to me you have to purchase supplementary health insurance from DE (in this case). Normal insurance payed by every employer and employee does not cover treatments in other states, unless in emergency situations or some other specific situations. Choosing to live in other country is not one of them. So either way, I personally believe that EHIC won't suffice.
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26.04.2021, 10:43
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| | Re: How to live in Switzerland with working contact from Germany | Quote: | |  | | | Normal insurance payed by every employer and employee does not cover treatments in other states, unless emergency situations. | | | | | False, cover is equivalent to a standard KVG:
Personen, die in einem EU-Staat, in Island oder Norwegen einem gesetzlichen Krankenversicherungssystem angehören, haben Anspruch auf medizinische Behandlungen bei Krankheit, Nichtberufsunfall oder Mutterschaft, wenn sie in der Schweiz wohnen. Die Gemeinsame Einrichtung KVG nimmt für die ganze Schweiz die Anspruchsprüfung vor und koordiniert die Abrechnung der Behandlungskosten sowie die Weiterverrechnung an die zuständige Krankenversicherung im Ausland.
Persons who belong to a statutory health insurance system in an EU state, Iceland or Norway are entitled to medical treatment in the event of illness, non-occupational accident or maternity if they reside in Switzerland. The Gemeinsame Einrichtung KVG carries out the entitlement check for the whole of Switzerland and coordinates the settlement of the treatment costs as well as the onward settlement to the responsible health insurance abroad. https://www.kvg.org/de/wohnsitz-in-d...--1--1077.html | This user would like to thank JulietteK for this useful post: | | 
26.04.2021, 10:58
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| | Re: How to live in Switzerland with working contact from Germany
So, you need to complete the documentation once you have settled in Switzerland: https://www.kvg.org/api/rm/Y78338HN832752C
After that, your claim will be either accepted (meaning you can keep your European health insurance) or denied (in which case you will have to choose a Swiss health insurance)
Also, there seem to be different rules depending on the Canton as well (same website: www.kvg.org)
Border workers and Residents
Border workers and residents in the cantons of AG, AR, BL, BS, GL and UR as well as in the cities of Zug, Cham, Risch Rotkreuz and Steinhausen who want to take a health insurance in Switzerland or be exempted from compulsory insurance.
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