Expat vs. Swiss Contract Employee

Hi Everyone.

Well I had a first phone interview with my company for the exact same position as I have now, just located in Basel.

One thing they stressed to me is that I would be under a Swiss Local Contract, and not Expat contract.

What does that mean? They explained to me that I would no longer be under the United States employment laws, But Switzerland laws and should I want to go back to my previous job, it would be difficult to do so.

I will definitley get more info at the next phase (hopefully next week) but was just curious if anyone has ran into this as well.

Thanks

Amanda

Well I can only comment on the "back to my previous job" probably means there is a non competition clause of some sort.

Its the same company doing the same job. My department works directly with the department in Basel - we are a team, just located in different parts of the country.

goodluck, i hope the new job suits you well....

Your phone interview was with someone from the HR of the Swiss subsidiary?

Here, "expat contract" usually means a package including many nice benefits like relocation costs, health insurances, company cars... sometimes as far as private schools for the children or all housing costs. Maybe the local HR person just wanted to make sure that you do not expect anything more than your local colleagues get.

I have worked at international companies here and some of the expat contracts went a bit over the top, so the HR folks were seriously annoyed by them. Maybe it is a topic at your company as well and therefore gets stressed so much.

Correct me if I am wrong, but competition clauses have been rejected by Swiss courts in my industry (telecom) in the past.

Hm I would understand this " as they mean that it is a new contract with a different company and not just a temporary placement where you would keep your current US position and work in Ch for a while, but could go back to your original place after that. They would not keep your US position open for you.

Gottcha... That makes perfect sense. Thank you so much!

In a nutshell what it can mean is that your employer will terminate your current employment contract and you will enter into a completely new employment contract. You will be a "local employee" which means, as you've said, that all your employment terms, rights and obligations will be governed under Swiss law. Since you are entering a new "local" contract you may find your salary, benefits and level change to something more in line with the Swiss market. You need to check this to make sure you won't be disadvantaged versus what you get now.

Not least to consider is that you will be paid in Swiss francs under a local contract and therefore subject to FX risk if you have obligations or outgoing in dollars. Sometimes this may benefit you. Sometimes you may lose out.

You would also normally cease to be covered under the US company pension scheme and social security scheme, and instead you would join the Swiss pension scheme. If any of your current benefits (like pensions, promotion and pay) are negatively affected by length of service this is something to be wary of and to look into very carefully.

It's not always the case, but it's usual, that international transfers on a local package don't qualify for expat relocation benefits like housing assistance, cost of accomodation searches, help with utilities, health insurance, home leave (an annual round trip airfare home) etc. Even accountants fees are sometimes paid because, if you are a US citizen, you will continue to pay US taxes and will therefore have two tax returns to complete and deal with double tax claims.

Expat packages are really designed to keep you under your home employment contract and insulate you from the consequences of your move through tax equalisation and cost of living adjustments to your compensation so you aren't disadvantaged financially through the overseas move. Bear in mind your cost of living will be higher in Switzerland so if you're on a local package you need to understand how the local package will affect you.

If and when your new employment contract comes to an end and you want to return to the USA, then your company will have no obligation to repatriate you, which means they will have no obligation to offer you a position back in the USA (perhaps that would be "difficult" because they will have replaced you) and you may have to pay all repatriation costs, like lease break penalties, removals and airfares unless you have negotiated otherwise before you leave.

There are lots of variations on the above themes. Some employers are more generous or open to negotiation with others. I recommend you discuss this very carefully with your employer and get everything in writing before you commit.

Due to some resent discussions here on the forum, I would like to strongly advice you to read your Swiss contract carefully and make sure you understand its implications before you make the move.

I would especially like to point out the importance of notice period and the fact that the notice period is the only type of legal security you have to your job in Switzerland.

As Treverus and Ullainga have stated, "expat" in your case will mean you are still employed by your base country (the US) and hence still get a salary under US payroll with a US pension but are transferred to Switzerland on a temporary assignment (up to 3 years) which means you get an expat allowance (basically your host country salary) with perks such as paid international school for the kids (though you sound a bit young to be worried about this), paid accomodation for the duration of your assignment, paid finite number of trips for the duration of your assignment, gross up payments to make up for any tax losses and a host of other "ridiculous" allowances. Depending on your company's condition of service they may even pay towards your pension but as an expat they will definitely pay for your whole family's health insurance. I once enjoyed those perks when I worked in "Big Oil" but no more...I'm now a "local" and it's just fine

I agree with Nev and the other posters, on all the points outlined above.

I moved here 2 years ago to a "local" contract also. The salary at the time was definitely a big draw for me, even within the same company there was a significant difference between what I earned before and what I would earn when I came to Switzerland.

But not having a relocation package severely bit into my savings coming here, and although the company has a relocation management team, it was not available to me because I was not on an expat contract.

It differs for everyone of course, but I found the first couple of months incredibly difficult - but what doesn't kill makes you stronger, right?

My advice is if you take the plunge and decide to come over on the local contract, then haggle as best you can with them for some kind of relocation support. I wish I had done it.