I am US Citizen who is married with four children and I am considering taking a CTO role at a pre-seed stage start-up. My wife would keep her remote job and register as an ANobAG. She makes 3xs more than I do so I am not worried about losing money but I am worried about losing our right to live in Switzerland after moving the entire family abroad.
Given the volatility that can be expected with such an early-stage company, is there anything I can legally add to the employment contract that will give me ample time to look for a new job if the startup fails within the first year? For example, a six-month notice period for the company during the first year and then a two or three-month notice period during year 2+? My notice period would be the standard one month.
Just trying to determine my options. I understand that you can always be fired even at a well-established company but I need additional assurances to take on the risk of a startup role.
To be honest I’ll be surprised if the company manages to get a permit for you in the first place given it’s only just getting started. If it’s a very niche area it may be possible.
I think you need to be more research as well. It’s very likely you’d get an L permit to start and so would your wife; that permit means she’d need authorisation to work here - I’m not sure whether working remotely would fall under that requirement so check on that before committing yourself.
You can ask for whatever you like in your contract; it won’t make a difference if the company fails. Most non-EU permits are tied to the job so when the job goes the permit does too, no matter how much time may be left on it. Once the job ends you would have the usual 3 month tourist period to either find something else (with the requisite non-EU hiring criteria requirements) or leave the country.
This is the criteria both the company and you need to meet re the possibility of getting a Swiss permit.
The Company and its attorney feel confident that they could get me a permit. That said, I know that it's not guaranteed and I will be continuing the interview process at other companies while this all gets sorted out. The Company has enough capital to continue its operations for the next two years without outside capital; however, they are preparing for a seed round in the next 6 to 9 months. I figure that if their fundraising efforts fail, they may want to get rid of my role which is where the 6 month notice period could come in.
So, if the Company still exists and they provide notice, am I not allowed to stay in Switzerland for the full duration of the notice period (in my example, 6 months)?
1. The cantonal migration offices seem to have a lot of discretion when they require an unemployed non-EU citizen to leave the country.
2. Often this will occur when the residence/ work permit expires but it could be shortly after the employment ends.
3. An unemployed non-EU citizen can also be allowed to stay until RAV Swiss job service unemployment benefits end. (12 months of Swiss employment within past 24 months is the minimum eligibility for unemployment compensation for non-EU citizens).
4. The more integrated an unemployed person and his family are the more likely the migration authorities will lean in, e.g., kids are attending (public) school, learning the local language, length of time in CH, etc.
5. The migration office might treat unemployed non-EU citizens from developed countries more favorably than those from lesser developed countries.
My understanding is that the company's notice period and your notice period must be the same. I am honestly not sure if that's the law. I know the company must give you at least as much as they require from you, but it would make sense if this is also reciprocal.