How long can you be abroad with a detached status? Within the EU, the European Economic Area and Switzerland, posting can take up to 24 months. Elsewhere, the maximum duration varies between 12 months and 6 years, depending on the existence of social security agreements. Switzerland has concluded bilateral social security agreements with many countries outside the EU/EFTA. These are currently Australia, Bosnia and Herzegovina, Canada/Quebec, China (except Hong Kong, Macao and Taiwan), Chile, India, Israel, Japan, Macedonia, Montenegro, the Philippines, the Republic of San Marino, Serbia, South Korea, Turkey, Uruguay and the United States. The purpose of this scheme is to ensure that the Swiss social security authorities have a contribution debtor in Switzerland. Under the EU/EFTA agreements, the worker must expressly consent to the assumption of contributions (agreement under Article 21(2) of Regulation (EC) No 9871/09). However, apart from eu/EFTA agreements (states with bilateral or non-contracting social security agreements), the worker is automatically obliged to pay social security contributions without the explicit agreement. To do so, he must register at his place of residence with the AHV compensation fund or, if he does not reside in Switzerland, with the AHV compensation fund at the workplace. The organization must contact its AHV fund and fill out an exit form to confirm that the worker is subject to Swiss social security (online forms are often available on the websites of the compensation funds). On the other hand, it would not be permissible to send an employee to the client if the essential power of instruction was transferred to the contracting authority, if the worker was part of the client`s organisation and if the volume of the work made it possible to carry out work without a clearly defined final result, project or timetable.
This would generally be considered a potentially illegal posting. However, you cannot be posted forever: employers and workers must respect the deadline. The posting of workers can also be very costly for the employer, as he may have to pay social contributions both in his country of origin and in the host country. Depending on the country to which the employee is sent, leaving insurance that offers full medical coverage may simply not be an option. For workers working in Switzerland or the EU/EFTA and who are nationals of one of these states, insurance coverage is in principle governed by the EU/EFTA Agreement. However, the agreement with the EU/EFTA does not apply to certain smaller areas (e.g. B the Channel Islands or Monaco). These areas are treated in the same way as States not parties. A complete table, often updated, is available in the directives of the Federal Social Security Office, Annex 15.
According to the new directive, cross-border postings to Switzerland are only allowed in exceptional cases. The following criteria may indicate that a secondment from abroad is allowed: Note: If a company sends an employee, even for a week, to a seminar in Paris or London, we are in a situation of secondment. . . .