Reminder That Job Advertisement Threshold To Change From January 2020
Effective January 1, 2020, employers wishing to hire foreign
nationals for occupations with an unemployment rate of 5% or above
will have to test the Swiss labor market by advertising. The
threshold has been 8% since the requirement was introduced in July
2018.
Employers can check which vacancies are currently affected with
an online Check-Up tool.
Exemptions
The job posting can be waived in the following situations:
- Change of position of an employeewithin the same employer, if he has already been employed by the
employer for six months;
- Employing trainees after they havefinished their apprenticeship with the same company;
- Employment for a maximum period of 14days;
- Employment of close relatives if theyare to succeed an authorized signatory of the company.
How does it work?
- Positions in these occupations haveto be registered to the competent RAV (employment office) via the
swiss portal, or by email, phone or in person.
- The RAV advertises the positiononline for five days, during which time the employer may not
advertise the position publicly.
- Within three days of publication ofthe job vacancy on Job-Room, the competent RAV contacts the
reporting employer to put forward a list of jobseekers with a
matching profile, or to notify them that none are available.
- The employer reviews the list sentover by the RAV and informs it which candidates it deems suitable
and has invited to a job interview or an aptitude test, and whether
a candidate has been employed. There is no obligation to state
reasons, only to notify.
- After five days, the employer canadvertise the position publicly.
Consequences for employing EU / EFTA citizens
The job posting is not a precondition for employing and for
obtaining the Swiss residence permit for EU/EFTA citizens.
Irrespective of whether the job position has been posted, the
responsible authority may not deny the EU/EFTA citizen the
residence permit. In this case, only the sanctions against the
employer are applicable.
Consequences for third-country nationals
For third-country nationals, the job posting is a requirement
during the work permit procedure. The employer must provide
evidence of the completed job posting. The job posting obligation
also applies when changing employers.
If the job posting obligation has been neglected, the work
permit will be rejected without further warning. In addition, the
employer will be faced with additional sanctions.
Sanctions
According to Art. 117a of Foreign Nationals Act, the willful
violation of the obligation to post a job vacancy or the obligation
to hold a job interview or a suitability assessment will be
punished by a fine of up to 40,000 CHF. In the case of negligence,
the penalty can be up to 20,000 CHF.
The person who performed the misconduct and not the company is
held responsible.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.