Working through my UK Limited company in Zurich

[BlasterBates]

As above be careful in Switzerland make sure it´s legal, you´re registered and everything. Even for 3 months I believe there will be some tax to pay, not much though and it will be recognised in the UK, so just bureacracy to pay for. Have you thought about SJD. I believe they help you working in Europe.

[NotAllThere]

Many thanks.
Sorry about the language mistake. I am not a native English speaker. Just intermediate level:-(

Well, your English is at a level where I'm quite surprised to hear that.

[Brussels Slumdog]

Its the agencies problem

Hi there!
A UK recruitment agency has offered me an ongoing role in London. Part of the assignment (3 months) needs to be performed in Zurich, at the client's premise. Basically I have been asked to sign a contract between the agency and my UK limited company to provide services in London and at the client's premise in Zurich for three months. I should invoice the agency every week and get paid in Pounds on my company's UK bank account. I suppose the agency will invoice its Swiss client. Is this legal?

This is basically the agencies problem of how they invoice the swiss end client but it might become your problem if the swiss company will not accept an invoice from the agency. I believe that it is illegal for a non swiss company to invoice a swiss company for employment services. This is why when I work in either the Netherlands or Switzerland I need a payroll company.

[cojak]

Note that Switzerland has very prescriptive rules for getting a work permit, and it can take quite a while unless your client will pay for a Swiss agent to expedite the process. In theory you should have the visa before you start there. In practice I was never asked about this when arriving in Switzerland each Monday morning for several months, but it is a risk.

And a significant one. I was banned from working in Switzerland for 3 months when someone discovered my visa wasn't correct (naïveté on my part and laziness on the part of the agent and PM).

Not a pleasant experience.

[pablait]

Then, as far as I read it, you must register your company, and then register yourself as a worker in Switzerland. Do that, and it should all work out nicely - apart from having to be in Zürich of course, but everything has its downside.

btw - don't EVER refer to yourself as an employee of, or being employed by, the agency or the client. You're a contractor, not an employee.

Many thanks.
Sorry about the language mistake. I am not a native English speaker. Just intermediate level:-(

[NotAllThere]

Then, as far as I read it, you must register your company, and then register yourself as a worker in Switzerland. Do that, and it should all work out nicely - apart from having to be in Zürich of course, but everything has its downside.

btw - don't EVER refer to yourself as an employee of, or being employed by, the agency or the client. You're a contractor, not an employee.

[pablait]

Be clear - is the agency employing you personally, or contracting your company to provide a service to their client? Either way, you must be registered as above. If you're employed by the agency, then they must do this, if you're working through your ltdco, which does seem entirely possible for a 90 day contract, then you must register your company and yourself as an employee of your company.

The Uk agency is contracting my UK LTD to provide a service to their client in Zurich. The Uk agency will provide the accommodation and food allowance for the 90 days I will spend in Zurich. The 90 days are part of a longer assignment that I will perform in London.

[NotAllThere]

Be clear - is the agency employing you personally, or contracting your company to provide a service to their client? Either way, you must be registered as above. If you're employed by the agency, then they must do this, if you're working through your ltdco, which does seem entirely possible for a 90 day contract, then you must register your company and yourself as an employee of your company.

[pablait]

It's not that simple, as to work in Switzerland, you normally must have a work permit. If you're not working legally, you can be deported and barred from the country, and you and the client can be fined.

In this case, it seems there is a simple solution. See here: Registration procedure for short-term work in Switzerland

Companies posting workers to Switzerland can use the registration procedure for up to 90 individual working days per company and calendar year. The registration has to take place at least 8 days before taking up work in Switzerland. ... Third country nationals can be posted using the registration procedure if they are directly employed by the sending company and have held a valid EU work permit for at least 12 months. Only a company's own employees can be posted, not temporary workers hired from an agency.

The online registration is here - in German, French or Italian. I'd suggest posting on English Forum Switzerland if you need help, though it is explained in more detail, in English, here.

Thanks for all your replies.
I was worried because I read somewhere that a Uk limited company can work in Switzerland only if it is employed by a Swiss entity. In my case the employer is going to be a UK agency and I am going to spend 3 months (90 working days) in Switzerland. I will keep reseaching...
Thanks again.

[NotAllThere]

It's not that simple, as to work in Switzerland, you normally must have a work permit. If you're not working legally, you can be deported and barred from the country, and you and the client can be fined.

In this case, it seems there is a simple solution. See here: http://www.bfm.admin.ch/bfm/en/home/...verfahren.html

Companies posting workers to Switzerland can use the registration procedure for up to 90 individual working days per company and calendar year. The registration has to take place at least 8 days before taking up work in Switzerland. ... Third country nationals can be posted using the registration procedure if they are directly employed by the sending company and have held a valid EU work permit for at least 12 months. Only a company's own employees can be posted, not temporary workers hired from an agency.

The online registration is here - in German, French or Italian. I'd suggest posting on www.englishforum.ch if you need help, though it is explained in more detail, in English, here.

[aoxomoxoa]

Note that Switzerland has very prescriptive rules for getting a work permit, and it can take quite a while unless your client will pay for a Swiss agent to expedite the process. In theory you should have the visa before you start there. In practice I was never asked about this when arriving in Switzerland each Monday morning for several months, but it is a risk.

[northernladuk]

Again I ask, when people don't understand a complex situation they assume it to be illegal? Do corporates working across Europe really follow illegal processes when taking on contractors.

Question the implications on your tax situation I could understand but illegal????

[cojak]

Yes it's legal.

[pablait]

Hi there!
A UK recruitment agency has offered me an ongoing role in London. Part of the assignment (3 months) needs to be performed in Zurich, at the client's premise. Basically I have been asked to sign a contract between the agency and my UK limited company to provide services in London and at the client's premise in Zurich for three months. I should invoice the agency every week and get paid in Pounds on my company's UK bank account. I suppose the agency will invoice its Swiss client. Is this legal?