My question is: is it easy in my case to do the paper work for changing job to another canton? It seems to me that the new company will have to ask the authority in Vaud to register me as working in Vaud but live in Valais. Can this request be rejected?
I am non-EU national holding an EU/EFTA B permit (due to my French national spouse). Now we live and work in Valais, however I got a job offer in Vaud which I am considering accepting. But we do not want to change the residence canton - we want to continue living in Valais, while my spouse continues to work in Valais and I commute to Vaud for my work.
You do not have to do anything - you have full workplace mobility. Your employer may want a copy of your permit but that's all.
Not exactly "all". You need to also inform your commune about your job and if you don't already have an AVS number you need to get one or have the employer get one for you.
You and some others here, are so learned about these stuff, it is scary!
RESPECT!
I know the reality in Valais and I think they shouldn't inform the commune. The valaisan communes are too proactive and from my experience they can impose a real burden on your shoulders if you inform them about any changes in your situation.
To the author of the post and to anyone living in Valais: as long as you have resources to survive and you don't touch a social help in Valais, I wouldn't advice to inform your community.
Nope. As a non-EU national it is the employer's reponsibility to ensure the employee has the right to work. The employer must also arrange the AVS registration. Being the spouse of an EU national brings the right to employment mobility but does not remove the obligations of the employer.
Could you be more specific in saying they are too "proactive". If I inform them that I change my job to another canton what will be the consequence?
What should the employer (or me) do to ensure I have the "right" to work? What does "right" here mean? Do they have to ask for a new working permit for me? On my permit it says "Activite lucrative autorisee" and "Cette autorisation de sejour est valable dans toute la Suisse. Aucune autorisation n'est requise pour changer d'emploi ou de profession". From this it seems that I can keep this permit while changing to another job?
For AVS, I already have an AVS card as I already have a job here. Do they have to ask a new AVS number for me, or I just give my AVS to the new employer?
Sorry, darling. You might not want to inform them. But you must inform them.
Nope. The employer's obligations does not diminish the individuals obligation. Just like for example, the tenant must info the commune where they are living, the landlord must also inform the commune of the new tenants. The OP must inform them especially if she is working in another canton. That's not the same as the " employer's reponsibility to ensure the employee has the right to work".
No. You already have the right to work and the AVS card. So all you need to do in inform the commune of your new job.
Yes. You just give your new employer your AVS number.
What commune do you live in? The smaller communes in Valais are particularly bureaucratic. As I explained above, if you stay quiet, you will continue living in Valais with your spouse and working in Vaud.
If you inform your commune about your job changing, you may receive a letter from your commune demandig you to announce yourself to the "contrôle des habitants". They will tell you that they had just received a letter from the Canton and they will demand you to answer a lot of questions which they will need to send back to Sion. You may be also asked to give them a stack of papers from your new employer. That may be very disruptive for you when you start work in Vaud.
I am writing that from my experience as in my opinion the communes in Valais are slightly biased against non-EU et EU-8 citizens.
In this particular case there is no particular obligation to the employer considering the OP is already registered with AHV / AVS. Being the spouse of a EU national - and carrying the relevant permit - gives the bearer unrestricted access to the Swiss labor market hence there is nothing to do on that front as far as the employer is concerned.
[QUOTE=miniMia;1581890]Sorry, darling. You might not want to inform them. But you must inform them. QUOTE]
Do you live in Valais? Do you know this reality? From my experience it is very hard to find a competent person in this canton but it is very easy to jeopardize your situation if you give them too much details. I spoke to the other foreigners living in my commune, even the EU nationals, and they told me how many problems they faced with the thing which could go smoothly in, i.e. Vaud, but not in Valais.
Valais is the one of the poorest cantons in Switzerland and the foreigners are rather welcome here as tourists in Zermatt or Crans-Montana, not as residents.
To acido and Shorrick Mk2: can you, please, write why you are disagreeing with my comments instead groaning below my posts?
Because
a) you make sweeping uninformed statements
"the communes in Valais" - how many communes have you lived in exactly?
b) you post misleading comments such as
c) you incite people towards illegal behavior by making inane asserts that behaving legally might "jeopardise their situation
FYI - for the holder of a EU residence permit there is NO implication whatsoever if you change employer, much less a threat or jeopardy to their personal situation as residents.
I live in a small community in Valais but I also have clients, projects and friends in the other communities of this canton and as far as I can see the communes are very autonomous. The small communes in Valais, and generally the canton don't like unemployed people, recipients od social aid or those who claim the subsides for health insurance. In accordance avec the law you are entitled to the above mentioned benefits if you have the above mentioned problems, but in Valais the authorities will start breathe down your neck before you receive some help. Contrary to richer cantons, if you lose a job in Valais and if you have a B Permit (regardless of your nationality), you'd better say nothing to your commune of residence and you'd better survive on your savings until you find a new job.
I am writing that from my own experience. I have been self-employed since the beginning of May this year but I received a social help during March and April. Since May, I even managed to earn quite a lot for the beginning of my activity and I even have money to repay that social help, but the cantonal authorities are still breathing down my neck while sending me letters. I barely manage to keep the deadlines for projects in order to provide answers for the canton and for the commune stating that I will manage as a self-employed person. I lived in Vaud before and I didin't have so many hassle with my previous commune.
I know that there is a law in Switzerland but the thick bottom line is how the law is being interpreted by the people who work in cantonal or communal authorities. And the author of the topic, who lives in Valais is right with posting his doubts here. In my opinion, the EU/EFTA B Permit is not tied to the employer and permits freely commute to work between cantons.
Your own experience is hardly applicable to EU permit bearers. In addition to that, all you complain about is that you have been required to document your situation properly in order to qualify for social help. From that you extrapolate to a situation where the person moves from one employer to the other (albeit in a different canton) - again, a totally different situation where your "experience" is hardly relevant.
I think you need a serious reality check right there.
Were you unemployed and receiving social help in Vaud?
Were you expecting that the authorities would just pay you social help no questions asked?
No, but I know people in Vaud who were unemployed or received a social help and they got a proper assistance to return to workplace. Once they found a job, nobody asked them to provide a documentation of their current situation.
I also informed the authorities in Valais when I no longer needed a help and started working on my own. But when I cancelled the help I had received, the cantonal authorities asked me to provide them the proof how I would survive in this canton, although I had submited the documents in my commune before. The answer is simple: I have clients, I have resources. In Vaud I wouldn't be asked about that.
An I am an EU B Permit holder, but after several conversations I have had with the other B-Permit holders living in my area for 10, 20 years, I wouldn't take it for granted.
I think that my concerns are relevant to this post. His author is considering confronting the authorities in Valais. So, I decided to share my true experience with these authorities.
Thank you all for the reply. I got a lot information here.
Actually the reason I posted my doubt here is a little worry about the job transfer. For the new company in Lausanne, I have to start working in October 1. According to my current company, my notification period is 3 months, which means that I have to sign my resignation letter before the end of June if I want to start the new job in October. However, because the paperwork of the new job has not finished, I am afraid that if something bad happens (e.g. the new company wants to hire me, even after signing the contract there might be some authorization problem for me to work there, which is discovered later in the paperwork process), I might lose both jobs...
Have you already spoke to your current employer about your departure? I wouldn't say a word till the end of June in your current workplace while I would ask the new employer to clarify well your contract and your start in their new company.
Did the new employer send you at least a project of contract? If no, you can ask them for a copy.
If you really have doubts, you can search for an advice from an accountant, but as far as I know they charge, for example in Sion, around 180CHF per hour.
My direct boss knows I have an offer and might accept it. it is no problem for him and we are friends. The big boss surely doesn't know anything and I will not tell him before everything is sure. In any case, as long as I don't sign the resignation letter the current job is safe, as my current contract is still valid and not finished.
The new company is preparing the contract and they will send it to me next week. So I think there is no problem the new contract can be signed before the end of June. I'm just scared in July/August/September, after I sign my resignation letter, I got news from the commune saying that I cannot work in Vaud...