Since 2004, Switzerland has ensured that posted workers benefit from the same conditions as local employees. Valérie Berger, Head of the Free Movement of Persons and Labor Relations division at the State Secretariat for Economic Affairs (SECO), explains the legal framework governing these measures, the obligations placed on foreign and Swiss companies, and the challenges ahead in sustaining the system.
In 2024, nearly 82,000 people were active in Switzerland as posted workers – a figure that has almost doubled in twenty years. This represents a crucial workforce for the Swiss economy, which faces chronic labor shortages in certain sectors, particularly construction and hospitality. Since the Agreement on the Free Movement of Persons with the European Union entered into force, accompanying measures have sought to ensure that foreign service providers comply with the working and wage conditions in force in Switzerland. International service providers must comply with the minimum wages set out in collective labour agreements (CLAs) or standard employment contracts (SECs) that have been declared generally binding. In 2024, the authorities responsible for the enforcement of accompanying measures (FlaM, as per the German accronym) carried out inspections of several thousand companies. Breaches of mandatory minimum wage were found in nearly a quarter of cases in sectors with binding minimum wage. If a subcontractor fails to comply with the minimum wage and working conditions applicable in Switzerland, the Swiss contractor may be held liable under civil law for the employees’ claims.
What procedures apply when a foreign employer wishes to post a worker temporarily to Switzerland?
Valérie Berger: Provided the cross-border service provision does not exceed 90 days of work per calendar year, the activity of a posted worker is subject only to a notification requirement. Since 17 March 2025, this procedure can be completed directly via the EasyGov platform, accessible both to Swiss employers and to foreign service providers wishing to notify short-term activities of workers from EU/EFTA member states. Beyond the limit of 90 days per calendar year, the Agreement on the Free Movement of Persons between Switzerland and the EU no longer applies. The company must then apply for a work and residence permit for the workers it posts through the competent cantonal authority in the canton where the service is provided. In such cases, a "short-term contract" is concluded with the Swiss employer.
In practical terms, what rules apply to a foreign employer posting an employee to Switzerland?
Berger: Let us take an example. A French company posting a carpenter for a few days to a construction site in the canton of Vaud must pay him at least the minimum wage set by the generally binding collective labor agreement for finishing trades. It must also cover posting-related allowances, such as meal and accommodation expenses, comply with Swiss labor law and observe the Swiss safety regulations applicable on construction sites located in Switzerland. In other words, even if the work contract is governed by French law, the service provision carried out on Swiss territory must meet Swiss standards. The objective is twofold: to protect posted workers from the risk of wage dumping and to ensure fair competition between domestic and foreign companies.
Do these rules apply from the first day of work in Switzerland?
Berger: Not entirely. The minimum requirements concerning pay and holidays do not apply to minor work assignments, that is, a maximum of fifteen working days per calendar year, nor to initial assembly or installation work where the assignment lasts less than eight days and forms part of a contract for the supply of goods. These exemptions do not apply, however, to sensitive sectors such as construction and civil engineering, finishing trades, and the hospitality and catering industries.
What sanctions do companies face if they fail to comply with these rules?
Berger: The Federal Act on Posted Workers provides for administrative fines of up to CHF 30,000, as well as bans on providing services in Switzerland for a period of one to five years. In practice, most fines imposed amount to around CHF 5,000. As of January 2026, approximately one thousand companies based in EU/EFTA countries appeared on the publicly accessible list of sanctioned employers.
Can a Swiss contractor who hires a foreign subcontractor be held responsible for that subcontractor’s breaches?
Berger: Yes. In the construction sector – building, civil engineering and building-related trades – the law provides for joint liability on the part of the contracting entrepreneur. However, this responsibility is subsidiary: the worker must first seek redress from his own employer before invoking the liability of the general contractor. The latter may be released from liability if he can demonstrate that he fulfilled his duty of diligence, particularly by requiring each of his subcontractors to provide credible evidence that they comply with the minimum working and wage conditions in force in Switzerland.
Inspections carried out in 2024 revealed irregularities in nearly a quarter of cases. What are the authorities doing to improve the situation?
Berger: These results confirm that the accompanying measures remain necessary and that inspection efforts must continue. The system is nevertheless continuing to improve. The rates of wage undercutting observed among both Swiss employers and posted workers declined slightly in 2024. Several optimization projects are currently underway: the introduction of a data-exchange platform between enforcement bodies, the modernization of online notification procedures and the development of targeted, risk-based enforcement. Over 20 years of existence, the accompanying measures have demonstrated their capacity to adapt to new challenges.
