Following redundancy, moved to France - need advice

Visas, Permits, Passports and Naturalization
1

Hi all,

Wanted to ask if anyone has any advice or experience of redundancy in Switzerland.

Our facts:

  • B permits, full-time work contract, EU National
  • After 3 years Company made OH redundant. 1 year gardening leave package. I didn’t work in CH after leaving my job in the UK
  • Made decision to relocate to France.
  • Confirmed multiple times with Company this is possible.
  • Obtained tax advice and accepted possible additional French tax obligations
  • Handed in B permits and relocated to France (purchase new home).
  • Sanitas cancelled our Health Insurance as now non-residents. We have French Private Health policy.
  • Monthly salary is still being paid in CH to our CH accounts in CH - tax rate has been changed to reflect non-resident,
  • Company are now saying that it is actually not possible to be in France; we need a CH address and work permit. They have not cited any useful information as to why they have changed their view, any solutions nor advice.

We are pushing back on the Company based upon the (witnessed) confirmation that is was possible. What is at risk is the remaining gardening leave salary to June. It’s not within our plan to return to CH; we have purchased a new home in France and are awaiting our official residency permits.

Would anyone have any advice or experience that we can pull on?

Thank you for your help.

2

I guess OH is is technically still employed. Maybe they can pay a lump sum redundancy payment instead?

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3

OH is definitely technically still employed. I also thought of the lump sum solution. Should have been done before they left CH but maybe could still be possible.
Should be in the interest of the employer as well as a) they gave wrong information and b) they are basically employing OH “black” now as they are neither in Switzerland nor have a permit to work anymore (handed in, OP wrote).

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4

Many firms have employees based all over the world who do not have Swiss work permits.

Please note Citizens of a European Union or European Economic Area Member State or Switzerland can work in France without a work permit.

Edit: you can always get free legal advice from the Canton of the employer, link for addresses here

In worst case maybe he could claim unemployment benefit from the Canton.

5

I doubt that but will not start studying French work law.

OH of op is employed on a contract living and working in Switzerland. I would bet they didn’t change the contract for the time of garden leave.

However, I keep to my advice to get a lump sum paid out. Leaves the problem about the Swiss bank-account, I hope they still have one!

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6

This came from here
https://www.welcometofrance.com/en/fiche/fact-sheet-work-permit-application#:~:text=Working%20as%20an%20employee%20in%20France&text=Citizens%20of%20a%20European%20Union,France%20without%20a%20work%20permit.

7

Whilst they can work without a permit French social costs are payable by the employer & employee, this will cost the company & employee multiples of what they pay working in CH

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