PAYROLL
Obligation to register vacancies – can I still employ cross-border commuters?

The answer is yes, but under some conditions

OBLIGATION D’ANNONCER LES POSTES VACANTS

Employers in Switzerland are obliged to register vacancies with the regional employment office in industries with an unemployment rate of at least 5%. This concerns one in ten jobs. However, it is not necessary to advertise if an applicant was already working in the company or if the applicant is a person close to the management, or for the duration of the work not exceeding 14 days. Apprenticeships and traineeships that are part of a training course are also not subject to the obligation to advertise, nor are jobs that are filled by jobseekers registered with the Regional Job Centre.

Where such an obligation applies, it is necessary to wait at least 5 working days after the job has been advertised at the Regional Job Centre before applying elsewhere. It should be noted that headhunters carry out these advertisements on behalf of the employer.

Within 3 working days, the Regional Job Centre proposes candidates whose files are relevant or finds that it does not have any. The employer then informs it of the candidates it has selected and invited to a job interview or aptitude test, whether it has hired any of the candidates proposed or whether the position remains vacant.

Non-compliance with the obligation to advertise vacancies is punishable by a fine of up to CHF 40,000. It is therefore strongly advised to examine on a case-by-case basis whether such an obligation should be respected in order to reduce the risks.