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  #21  
Old 19.03.2023, 19:52
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Re: Health insurance and EU permit question

Unfortunately, this kind of abuse of the Au Pair status is rife. And not 'just in Switzerland'. Dreadful in the UK too.

It seems she was exploited, and that the family did not follow the rules. However, as an adult, your friend was probably aware of this, and also chose to close her eyes, probably because it suited her too, in some ways.

Does she have a written contract?

Confrontational or not, she is in a very difficult position, in so many ways, and needs to get proper advice. If she left with 1000s of francs owing- as EU, they will find her. This amounts to fraud in so many ways, and she should have checked her legal situation, from the point of permit, contract and insurance, as an adult.
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  #22  
Old 19.03.2023, 20:16
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Re: Health insurance and EU permit question

From canton ZH - Au pair vs. Nanny.

https://www.zh.ch/content/dam/zhweb/...wirtschaft.pdf

Her employer did not stick by the law in the past, and have suggest very questionable "ideas".

If she worked as a nanny then it is her duty to sort out health insurance. As a Nanny she has also additional rights and benefits. See :
https://www.stadt-zuerich.ch/prd/de/...it/nannys.html

For Au-Pairs there is Pro Filia https://www.profilia.ch/d/
For Nannies the VPOD Union might help https://zuerich.vpod.ch/ueber-uns/sekretariat/
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  #23  
Old 19.03.2023, 20:22
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Re: Health insurance and EU permit question

Yes, 2 very totally different job contracts and conditions. An Au Pair would never get Permit B, and not allowed over 2 years. Your friend must have known this, surely.
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  #24  
Old 19.03.2023, 20:56
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Re: Health insurance and EU permit question

Thank you, aSwissInTheUS

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It seems she was exploited, and that the family did not follow the rules. However, as an adult, your friend was probably aware of this, and also chose to close her eyes, probably because it suited her too, in some ways.

Does she have a written contract?

This amounts to fraud in so many ways, and she should have checked her legal situation, from the point of permit, contract and insurance, as an adult.
I believe that she has a written contract. She also tends to see the best in people and is not cynical - so I think that she trusted that everything was being managed by the family, and in accordance with the law. The family also holds positions of responsibility - so hardly anyone who might be suspected of doing anything dodgy.

If anything, my friend would have preferred continuing being an au pair for the reasons that it kept other costs down (e.g., as opposed to paying everything out of one's own pockets) and enabled her to remain in Switzerland. But given her moral compass, I seriously doubt if she would have done so at the expense of breaking the law. I also think that she realised the L & B permit issue when she started digging deeper after getting the letters.
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  #25  
Old 19.03.2023, 21:15
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Re: Health insurance and EU permit question

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Yes, 2 very totally different job contracts and conditions. An Au Pair would never get Permit B, and not allowed over 2 years. Your friend must have known this, surely.
Yes, they could. As I posted earlier in the thread:

"Placement through an agency is not necessary if employing au pairs from EU/EFTA countries. The age range for au pairs from EU/EFTA countries remains between 17 and 30 years of age. Au pairs from "old" EU or EFTA member states (e.g. France, Spain, UK, Norway, etc.) receive their short-time residence permit or residence permit after presenting a work contract and registering themselves with the communal authorities. Au pairs from the new EU member states (e.g. Poland, Slovakia) still require a residence permit from the cantonal authorities."

If her contract was for 2 years then she would have gotten a B permit, it's that simple. L's are only for a year or less contracts.
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  #26  
Old 19.03.2023, 21:31
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Re: Health insurance and EU permit question

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If her contract was for 2 years then she would have gotten a B permit, it's that simple. L's are only for a year or less contracts.
Her contract was unlimited, but as an au pair.
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  #27  
Old 19.03.2023, 21:54
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Re: Health insurance and EU permit question

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Her contract was unlimited, but as an au pair.
Can't be more than 12 months for an au-pair. Unlimited is a nanny. See ZH's PDF you linked.

Either the employers altered the copy they submitted to the authorities (inserted an end date), or someone was asleep at the wheel. Whichever applies, it's argumentative ammunition for your friend.
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  #28  
Old 20.03.2023, 00:38
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Re: Health insurance and EU permit question

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Can't be more than 12 months for an au-pair. Unlimited is a nanny. See ZH's PDF you linked.

Either the employers altered the copy they submitted to the authorities (inserted an end date), or someone was asleep at the wheel. Whichever applies, it's argumentative ammunition for your friend.
I checked with her. Her contract is unlimited as an au pair, which might explain the 5-year B permit. If the employers changed anything when submitting the application, it would be the job title - but then the kanton wouldn't have approved the reduced health insurance.
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  #29  
Old 20.03.2023, 10:25
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Re: Health insurance and EU permit question

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Can't be more than 12 months for an au-pair. Unlimited is a nanny. See ZH's PDF you linked.

Either the employers altered the copy they submitted to the authorities (inserted an end date), or someone was asleep at the wheel. Whichever applies, it's argumentative ammunition for your friend.
From what I have gathered, it can be prolonged in some justifiable cases (?) for up to 24 months. But never for more. Not as an Au Pair. And not if living and working a very different job, eg more hours, sole charge, cleaning, etc.
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  #30  
Old 20.03.2023, 11:49
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Re: Health insurance and EU permit question

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I suspect she has being doing Nanny work, but paid as an Au pair. She had asked them to upgrade her to a Nanny contract, but they refused using many seemingly rational reasons and gave her a raise instead.

She is not a litigious or confrontational person, but I hope she would pursue these suggestions.
Can't stop thinking it's a bit of her fault too. She obviously knew her contract should have been upgraded to a nanny contract and yet accepted it wasn't and continued to work under the same conditions for another few years.

This has absolutely nothing to do with being confrontational or litigious. Exploitation and abuse happen because some people are either taught, ill-advised or used to function in a culture of excessive compliance with abuse of power.
She's doing a work like every other work at the end of the day. She's no less or less worthy than others employees.
Domestic workers are somehow disregarded and put down because there's a huge misunderstanding of their tasks and their rights. Unfortunately, not even them are aware of any of these so we'll hear very often of such cases.
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  #31  
Old 20.03.2023, 14:27
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Re: Health insurance and EU permit question

Seems harsh, but I agree she is partly responsible for allowing her bosses to act illegally. An Au Pair contract cannot be unlimited- it is either one year, or exceptionally two. She must have been aware things were not correct- but went along with it because it somehow suited her. But legally, her employers are at fault, and acted fraudulently and abused her. She is in trouble, so it is important that she exposes them at this stage, or she will be liable for costs and fine.

Are the 'employers' local and Swiss?

Last edited by JackieH; 20.03.2023 at 15:33.
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  #32  
Old 20.03.2023, 14:46
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Re: Health insurance and EU permit question

I suspect there was a mix-up by the permit authorities as well.

Odds are that whoever was pushing the stack of papers that day thought:
"Right, EU citizen, unlimited contract. Check, 5 year B. Next piece of paper in the stack..."
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  #33  
Old 20.03.2023, 19:13
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Re: Health insurance and EU permit question

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From what I have gathered, it can be prolonged in some justifiable cases (?) for up to 24 months.
That would have to be a different contract, if possible in the first place. Either way the contract can't really be open-ended.
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  #34  
Old 20.03.2023, 21:35
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Re: Health insurance and EU permit question

I think she accepted whatever the employers told her regarding not upgrading her contract to that of a nanny after two years. She is really a sweet, gentle soul - and very trusting But I also think that she has been assuming that, as a EU citizen, living/working in Switzerland is not an issue.

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Are the 'employers' local and Swiss?
Her employers are local, Swiss, and have highly-paid jobs.

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I suspect there was a mix-up by the permit authorities as well.

Odds are that whoever was pushing the stack of papers that day thought:
"Right, EU citizen, unlimited contract. Check, 5 year B. Next piece of paper in the stack..."
But would this get her into trouble as it wasn't a mistake she made?

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That would have to be a different contract, if possible in the first place. Either way the contract can't really be open-ended.
But somehow it was and the Arbeitsamt/Migrationsamt/both seem to have not caught this.
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  #35  
Old 20.03.2023, 21:41
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Re: Health insurance and EU permit question

This is tough, but as she asked employers about new contract- she must have been aware that something was not right. As said above, although employers are legally responsible, she will also carry some of the blame, as an adult.

What would have happened had she had a severa accident or illness- makes me shudder.

She is in trouble, and it is important she deflects the blame on the employers, and not her. She will carry some responsibility, but limited.

She must go to the local workers Union, or the Gemeinde/Commune, and discuss how to proceed. Which C/Kanton is she in?
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  #36  
Old 21.03.2023, 13:34
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Re: Health insurance and EU permit question

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But somehow it was and the Arbeitsamt/Migrationsamt/both seem to have not caught this.
Yup, hence my #27.

As for troubles beyond what's already been found (the health insurance fine), like getting denied residence, I don't think so (an EU citizen has the right to residence as long as she has a job). Also see the footnote in your PDF, she'll be considered nanny instead. That footnote shows that she's far from the only one in such a situation.
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