Thank you for your help!
I currently work for a Swiss company and hold a B permit. I hold a UK passport and a Polish (EU) passport. I recently received a job offer from a UK company (no Swiss subsidiary), whereby I would work from home in Switzerland and I would be paid by a Swiss payroll provider. I was wondering whether I would be legally entitled to work in Switzerland under such an arrangement under my B permit? Is there anything else that I should consider (taxes, insurances etc.)?
There's a bunch of types of B permits. I know, there's a whole alphabet but anyway local authorities use B for all of them.
Look for something like "Selbst. Erwerstätikgskeit ist bewilligungsflichtig". That means you need another type of B permit to be able to work independently.
Having done some further reading online, it appears that if the UK company uses a Swiss payroll provider (this is what they are planning to do in my understanding, though I’m still awaiting confirmation from HR), I would in effect be employed by a Swiss company. This is because my employment agreement would legally be with the Swiss payroll company, but my relationship with the UK company would be defined by my contract. As such, I would be employed in compliance with my existing B permit.
At least this seems to be the explanation provided by one such Swiss payroll provider:
https://www.helvetic-payroll.ch/en/t…lla-structure/ Would anyone be able to confirm that my above understanding is correct?
In essence, I want to ensure that:
- I don’t violate the terms of my B permit
- I remain eligible for all social benefits that I enjoy under my current contract (unemployment insurance, disability insurance etc.)
- I continue to receive my pension contributions
- I continue to receive other benefits, like accident insurance etc.
- I don’t have any unexpected taxes to pay
Exactly, but you will have No legal relationship with the UK company that will be between the payroll company and the UK company and that is key for this to work.
Very helpful, thanks!
And I guess that I need to ask - are there any obvious drawbacks/risks with this kind of arrangement?
Yes. You have no direct relationship with the UK company. If they fail to pay you the payroll company will have to chase them. Also, from the fee that is paid by the client will be deducted the payroll company fee, employers social contribution, etc.
As you are a EU citizen you full profit from the FMOP and thus can be self employed. However, working for a forign based companz is not allwazs the same as self employment (important for unemployment benefits).
Instead of payroll you can also do ANOBAG and cut out the middleman. A third option is to found your on GmbH. Each of this option have certain drawbacks but also advantages over the other options.
The default, in absence of anything else, is ANOBAG.
Not the case. FMOP give an EU citizen the right to establish a business WITHIN Switzerland - the business has to an economic basis in Switzerland.
Which passport did you use for getting the B permit? I lousy remember that for certain situations the passport used upon entering Switzerland was defining the future in Switzerland. Sounds ridiculous, but maybe you'll have to obtain a new permit B as a UE citizen if your current was issued for a Brit.
Yes, I believe that the original application was made under my British passport - I informed the relocation agency that I have both passports, but for some reason they went with the British one.
I know at least three people who have switched from British passports to Irish passports without any issues.
Thanks, that's encouraging to hear!