If you are looking for a job in Switzerland, you will notice that many employers stipulate in their ads a preference for “Swiss or permit C only.”
At first glance, it may seem as though companies are discriminating against those with a permit B, but is this really the case?
First, let’s look at what the law says
When choosing among equally qualified candidates from various countries, employers must judge Swiss nationals on an equal footing with Switzerland-based foreigners and people from the EU and EFTA (Norway, Iceland, and Liechtenstein) states.
They may not even consider applicants from third countries unless no suitable candidate can be found from the ‘priority’ pool of Swiss and / or EU and EFTA candidates.
The Free Movement of Persons Agreement that Switzerland has with the European Union contains the ‘non-discrimination’ rule, stating that EU workers must have “the right to equal treatment with nationals with regard to access to economic activity, as well as living, employment and working conditions.”
So that is the rule relating to Swiss versus EU / EFTA nationals. But what about the distinction (in terms of hiring) between C and B permit holders?
Switzerland’s Foreign Nationals and Integration Act (FNIA) addresses this issue.
It states that “domestic workers or nationals of countries with which a free movement agreement has been concluded” have the priority for Swiss jobs. (Note that ‘a free movement agreement’ was also concluded with EFTA, so citizens of Norway, Iceland, and Liechtenstein benefit from the same priority).
The “domestic workers” designation includes Swiss nationals, as well as B and C permit holders.
READ ALSO: Can companies in Switzerland favour Swiss workers over EU citizens?
The FNIA doesn’t, however, specify whether C permit holders must have hiring priority over their B counterparts — that point is left to the discretion of employers.
This is to say that companies are not held to practice equal treatment when it comes to hiring priorities, for either permit type.
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Why do employers prefer to hire people with C permits?
The reason is fairly simple.
Permit C proffers a permanent resident status to foreign nationals, which basically puts them on an equal footing with Swiss citizens in terms of remaining in Switzerland long-term.
B permits, on the other hand, are issued for one to up to five years (and can be renewed if all the requirements are met), but it is still a more fleeting status than permanent residency.
So it is reasonable that a company would opt for a stability offered by a C permit over an uncertainty of a B one.
This preference is more a matter of pragmatism on the part of employers and cannot therefore be classified as ‘discrimination’ — especially as there are also exceptions to this practice.
In some ‘dire’ situations, for instance, a company may not be able to find suitable employees among the Swiss or C permit holders, though it doesn’t necessarily mean they will then hire from within the pool of B workers already in Switzerland.
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Farther afield
Personnel shortages in certain sectors are pushing big Swiss companies to recruit executives from abroad, specifically from the United States.
“Depending on the size of the company, the number of [locally-based] candidates is very limited for certain positions. Hiring foreign executives is therefore inevitable,” according to recruiter Erik Wirz.
“And in the United States, there are very qualified employees in the pharmaceutical or technological fields.”
When these specialised workers are recruited (under very strict conditions) from outside the EU / EFTA states, they will receive B permits.
In such situations, companies will favour these particular B-permit holders over anyone who is already in Switzerland.
READ ALSO: Why Swiss employers are eager to hire US professionals
