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  #21  
Old 11.02.2009, 17:53
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Re: What sort of Permit, if any?

Brings up an interesting point - from whom can I get a definitive ruling. If not the Swiss embassy, then who?
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  #22  
Old 11.02.2009, 18:04
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Re: What sort of Permit, if any?

The key here is the, 8 WORKING DAYS consecutively rule ..... that means tuesday to friday one week and monday to thursday the next, would not be allowed. However MOnday to Thursday one week and MOnday to Thursday the next is allowed. Were splitting hairs though here, as long as your being paid in the UK by a UK employer your not breaking any rules here.
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Old 11.02.2009, 18:25
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Re: What sort of Permit, if any?

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The key here is the, 8 WORKING DAYS consecutively rule ..... that means tuesday to friday one week and monday to thursday the next, would not be allowed. However MOnday to Thursday one week and MOnday to Thursday the next is allowed.
Karlnmik,I see you speak German - if so could you please translate this for me:

"Das Meldeverfahren nach Art 6 (EntsG; SR 823.20) ist obligatorisch für Entsendebetriebe die an insgesamt (nicht pro Mitarbeitenden) mehr als acht Tage pro Kalenderjahr in der Schweiz Einsätze erbringen (ununterbrochen oder tageweise)"

With a special emphasis on the words Entsendebetriebe and Tageweise please.

Considering the stakes are a 5'000 CHF fine + expenses, I'm quite interested in what makes you so sure about your statement - and especially what legal prescription do you base "However MOnday to Thursday one week and MOnday to Thursday the next is allowed" on. You made me curious.

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as long as your being paid in the UK by a UK employer your not breaking any rules here.
Source please.
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  #24  
Old 11.02.2009, 18:46
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Re: What sort of Permit, if any?

yes i speak Gerrman , the words you refer to are entsendbetrieb is outsourced work and tagesweise is daily basis ... c however i have been in this situation before where ive been employed in the exact same situation.
So i speak from experience and not from legalities. The 8 day continuous work rule would apply where you are working for 8 continous days in Switzerland. I would suggest that after speaking to the embassy and to his employer his situation would be clear. Im not arguing with your interpretation of the law. I know you know your stuff. I am however speaking from first hand experience. And in my experience in this same situation he has nothing to worry about .

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Karlnmik,I see you speak German - if so could you please translate this for me:

"Das Meldeverfahren nach Art 6 (EntsG; SR 823.20) ist obligatorisch für Entsendebetriebe die an insgesamt (nicht pro Mitarbeitenden) mehr als acht Tage pro Kalenderjahr in der Schweiz Einsätze erbringen (ununterbrochen oder tageweise)"

With a special emphasis on the words Entsendebetriebe and Tageweise please.

Considering the stakes are a 5'000 CHF fine + expenses, I'm quite interested in what makes you so sure about your statement - and especially what legal prescription do you base "However MOnday to Thursday one week and MOnday to Thursday the next is allowed" on. You made me curious.



Source please.
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  #25  
Old 11.02.2009, 20:04
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Re: What sort of Permit, if any?

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yes i speak Gerrman , the words you refer to are entsendbetrieb is outsourced work and tagesweise is daily basis
Thank you. Would you then agree that an English translation of that is

Companies that provide delegate employees to Switzerland for a total of more than eight days (on a continuous or intermitent basis) have an obligation to announce and receive permission according to SR 823.20?


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The 8 day continuous work rule would apply where you are working for 8 continous days in Switzerland.
Concur. WHat about a) the 8 non-continuous day rule and b) the 90 calendar day rule? I see that for some reason you keep avoiding answering that.

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I am however speaking from first hand experience. And in my experience in this same situation he has nothing to worry about .
I hope you realise that just because you did something and did not get caught that doesn't necessarily make it legal - which was the primary question here.

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I would suggest that after speaking to the embassy and to his employer his situation would be clear
When did "speaking to the employer" come into the discussion - i might have missed it?
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  #26  
Old 11.02.2009, 20:18
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Re: What sort of Permit, if any?

I'm not sure how the American 'Time Out' translates into German but it would seem to be 'le mot juste'!

Thank you both for your input. I (think I) know where I stand.
KR
R
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  #27  
Old 11.02.2009, 22:51
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Re: What sort of Permit, if any?

This would be my translation for it - I think the part "not per individual employer" (nicht pro Mitarbeitenden) and "per calendar year" (pro Kalenderjahr) is an important part on it.


Hope it helps



"Das Meldeverfahren nach Art 6 (EntsG; SR 823.20) ist obligatorisch für Entsendebetriebe die an insgesamt (nicht pro Mitarbeitenden) mehr als acht Tage pro Kalenderjahr in der Schweiz Einsätze erbringen (ununterbrochen oder tageweise)"

An announcement according to Art. 6 (EntsG; SR 823.20) is an obligation for the company who sends employees (all in all not individual employer) for more then 8 days per calendar year to Switzerland for work (continuous or day wise)
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