The Council of States has adopted a motion to sanction companies which recruit from abroad, instead of hiring Switzerland-based job-seekers.
Concretely, deputies said that local applicants must be prioritised over individuals from non-EU/EFTA states
Employers could face sanctions if they refuse to hire a person deemed suitable by the Regional Employment Centre (ORP), offering the job instead to applicants “not considered part of the Swiss labour market.”
Aside from fines, companies found violating this rule would be excluded from the allocation of work permit quotas for workers from non-EU/EFTA states.
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Who exactly is considered to be ‘part of the Swiss labour market’?
Swiss citizens, as well as those from the European Union and EFTA states (Norway, Iceland, and Liechtenstein) have equal hiring priority over those from outside those regions.
Non-EU/EFTA nationals who are already integrated into Switzerland’s labour market under the B or C permit, also fall into this category.
Legislators are targeting employers who bypass these groups. opting to recruit directly from third countries.
Is this allowed?
It is not easy but not impossible either, especially for multinational companies.
It is true that these employees are subject to a quota system and are only authorised to move to Switzerland if they meet all the criteria – including in terms of their education level (university) and in-demand skills that can’t be found among those already present in Switzerland.
READ MORE: What do third-country nationals need to do to move to Switzerland?
In practice, however, there is some (legal) leeway.
Swiss economy needs highly qualified specialists and senior executives with advanced degrees and significant professional experience, who can’t be easily found on the Swiss market or, for that matter, among the EU/EFTA candidates abroad.
In these cases, international companies sometimes hire directly from countries like the United States and the UK.
Will companies hiring from outside the local pool be actually penalised?
Most Council of States deputies from across the political spectrum support the measure.
The Federal Council, on the other hand, is against it,, with Economy Minister Guy Parmelin pointing out that such a move would severely restrict companies’ economic freedom.
The bill now moves to the National Council for further debates, before the final decision is made in this matter.
