Important Updates
Important Updates
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
July 15, 2025 | New ZealandNew Zealand: Forthcoming Relaxation of Work Rights for Student Visa Holders Announced
July 15, 2025 | New ZealandNew Zealand: Salary Thresholds Impacting Labour Market Test Exemptions and Visa Duration Updated
July 14, 2025 | Thailand Thailand: Mandatory Online Registration for Companies Using the Single Window System
July 14, 2025 | United StatesBusiness Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
July 15, 2025 | New ZealandNew Zealand: Forthcoming Relaxation of Work Rights for Student Visa Holders Announced
July 15, 2025 | New ZealandNew Zealand: Salary Thresholds Impacting Labour Market Test Exemptions and Visa Duration Updated
July 14, 2025 | Thailand Thailand: Mandatory Online Registration for Companies Using the Single Window System
July 14, 2025 | United StatesBusiness Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Understanding Swiss Labour Leasing Laws

May 31, 2018

Zurich

Country / Territory

  • SwitzerlandSwitzerland

Related offices

  • Zurich

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Zurich

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Zurich

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Ana Santos

Everyone knows Switzerland is a haven for many international and European companies who choose to settle in the country because of the well-known and in general very attractive low corporate taxes. What many are not aware of is actually how strict and complex immigration laws are in Switzerland and more specifically the labour leasing laws that can hugely impact foreign employers, employees and also contractors. In this blog, I will look at some of the important scenarios that employers need to look out for, in light of labour leasing restrictions imposed by the State Secretariat for Economic Affairs, also known as the SECO, which regulates the Swiss labour market.

The most complex point within labour leasing laws since the SECO´s new guideline released in June 2017, is intra-group staff leasing. Essentially the question is: Can a foreign employee work for a company that is not it´s formal employer and work under the supervision / orders of a third party? In order to answer this we need to look into the Federal Act on Employment Services and the Hiring of Services (LSE).

In these cases two main aspects need to be assessed, the subordination aspect and the integration of the employee within the new employer. It is critical to understand if the employee will be under the supervision and direct instructions of the third party and to understand if the employee will be physically working at the premises, effectively being integrated into the employer's organizational structure. If yes, then this is undoubtedly staff leasing and the leasing company based in Switzerland needs to have the proper Swiss labour leasing license in place.

It is important to remember that the leasing of services provided by staff in Switzerland coming from an employer based abroad is absolutely not allowed under the LSE. Only in seldom and exceptional cases can staff leasing employers be exempt from a license. Always consult with your advisor for the full exemption possibilities.

The SECO also narrowly forbids Swiss employers hiring their staff by engaging with foreign management or recruitment companies. This being said, the big question for our clients is: Is it possible to place foreign staff in Switzerland through a management company? And if so, how?

Local labour-leasing companies, also called umbrella companies, can indeed place staff into a Swiss client, but for this they have to have a valid Swiss labour leasing license. In order to obtain a license various criteria needs to be fulfilled. After these conditions are met, any request for a contractor to be placed still needs to be approved by respective Cantonal authorities as well as the Federal authorities.

Now the next question is often: Is it possible to work in Switzerland as a contractor if I am self-employed through my own limited company? The answer is yes. However, labour leasing laws in Switzerland are very strict and there are high penalties for non-compliance so take notes on how you can make sure you are respecting the rules. EU and EFTA contractors can provide their services through their own personal service company registered abroad up to 90 days in a calendar year. Exceeding this timeframe means you are no longer compliant and you have three options before reaching this point: you cease all work in Switzerland; you take employment through a Swiss based labour leasing company and your third option is to set up yourself as an independent contractor in Switzerland.

Labour leasing laws are very restrictive in certain instances for employers and it is always important to keep these in mind before hiring or sending foreign employees to Switzerland.

If you have any questions with regards to labour leasing and how best you can start your hiring process, please contact [email protected]. 

Country / Territory

  • SwitzerlandSwitzerland

Related offices

  • Zurich

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Zurich

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Zurich

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

UK Partner Visa 2025: Is Cohabitation Still Required for Unmarried Couples?

Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

UK Partner Visa 2025: Is Cohabitation Still Required for Unmarried Couples?

Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.