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Old 01.06.2021, 16:30
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Dear all,

I would like to share a story i have been through. My girlfriend gets a working contract from a company in Zurich (internship - 6months) . She is non-eu and doing her MBA in Switzerland. Her internship is mandatory to finish her master degree.

After receiving the contract, the HR informed her there is an issue with her B-permit. She asked Migration and this latter informed her that everything is perfect and she is able to do an internship in Switzerland. However, just before her starting date, the company decided to end up the working contract as it was too demanding for them to apply a new working permit. Is it legally possible in the Swiss law? We even deliver a paper from school that the internship is mandatory.

Thanks in advance for your help.

One more question: is any obligation from a company perspective to apply for a working permit after signing the working contract with the future employee?

Thanks in advance for your feedback

Last edited by 3Wishes; 03.06.2021 at 14:51. Reason: merging consecutive posts
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Old 01.06.2021, 23:31
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Re: Non eu + mandatory internship --> ISSUE !!

If its part of her studies, why cant she be on a student permit?
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Old 01.06.2021, 23:39
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Re: Non eu + mandatory internship --> ISSUE !!

In my experience if you have a student visa then your internship is covered as long as the place of study confirms this is part of the course.

The last internship contract I signed was co-signed by the university.
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Old 02.06.2021, 00:10
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@island Monkey
Because the company, in the last minute, didnt want to apply for the working authorization (the one the employer asked to the Cantonal Migration). They gave the reason that hiring her after the internship would be so demanding and difficult for them (in terms of bureautic stuff).
But since the beginning, they know the situation of my gf already. So why in the meantime, they completely change their mindset.

@newto

Thanks for your reply. But one question: it should be co-signed by the school or no need? Because the contract she signed was only between her and the employer. However, she received the paper from her school that the internship is actually compulsory and is an integral part of her studies to complete her master programme.

What do you think for the next application? Should she say something that she needs a tripartite contract between her, the school and the employer?

Thanks for your feedback

So from my understanding, it s impossible to get a working contract between a non-eu and the employer only right?

Last edited by 3Wishes; 03.06.2021 at 14:51. Reason: merging consecutive replies
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Old 02.06.2021, 04:31
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Re: Non eu + mandatory internship --> ISSUE !!

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So from my understanding, it s impossible to get a working contract between a non-eu and the employer only right?
You cant expect an employer to go through the non-eu hiring process for a work permit, for a student internship. She should be able to do the internship on her student permit - it is study not work!
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Old 02.06.2021, 06:37
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Re: Non eu + mandatory internship --> ISSUE !!

@island monkey

Thanks for your reply. It was really helpful.

One more question: is it too demanding from an employeur perspective to apply a new working permit for a student (like in this case)? Because i read on some previous posts, if you have a paper from the school that states the internship is mandatory, it should be very easy to apply for this kind of permit.
Because now, we are still looking by ourselves an internship. We didnt ask the school to get involved. But if i understand correctly, it seems to be more complicated that just holding a paper from the university that stipulates that the internship is mandatory.
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Old 02.06.2021, 06:40
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Re: Non eu + mandatory internship --> ISSUE !!

From the sounds of it the employer didn't realise how difficult it would be to hire her after her internship. So it's not the internship/student permit that's causing the problem, it's the non-EU hiring criteria. However, assuming they're willing to wait until she graduates it's not so hard to get hired. As a non-EU national graduating from a Swiss uni she can get an L permit for up to 6 months to job hunt and so long as the job is of Swiss academic or scientific importance she'll likely able to be hired.

"Employment following study in Switzerland
Foreign nationals can be admitted to work without having to provide evidence of their status under the precedence rule if there is a significant academic or economic interest in their employment. This rule applies only to degrees from recognised Swiss higher education institutions (universities and universities of applied sciences)."

https://www.sem.admin.ch/sem/en/home...ml#-1698804101

It may be that the employer doesn't realise this or that they think the position wouldn't meet the requirements under the law.

The relevant law is here

https://www.fedlex.admin.ch/eli/oc/2010/854/de

The point of the law is to put non-EU national graduating from Swiss unis on a more equal hiring footing to EU nationals. It still isn't easy, but it is easier than going through the non-EU hiring criteria.
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Old 02.06.2021, 08:01
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Re: Non eu + mandatory internship --> ISSUE !!

@Medea
Thanks for the information given.

Unfortunately, she did her master degree in a hospitality management school and this one is not recognized as a Swiss higher Education Institutions. And she didnt get graduated yet. She needs to complete an internshio and the internship is compulsory.

I was thinking that the following law will be applied:

https://www.studyinswitzerland.plus/...witzerland.pdf

For non eu student:

A mandatory internship during full time studies in Switzerland
(Art. 39 VZAE)
May be approved if
An official application is made by the employer;
The university confirms that such is a mandatory part of the study programme;
The period of the mandatory internship does not make up more than half of the study duration;
The salary and working conditions are in line with national and industry standards;
The student has adequate housing.
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