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WORKING IN SWITZERLAND

Reader question: How can I find out if my Swiss employer is underpaying me?

Wages in Switzerland are generally higher than almost everywhere else in Europe. But how can you know if you are being paid enough — and what can you do if you are not?

Reader question: How can I find out if my Swiss employer is underpaying me?
There are ways to find out if your employer pays you fairly. Image by myshoun from Pixabay

Obviously, some jobs and industries pay more (or less) than others, so your salary will be based on a general pay scale for your specific position within that sector.

It is also determined by other factors, such as your education, skills, experience, length of employment, and the canton / city where you work.

For instance, if you work in Zurich, Geneva, or Basel, you are likely to earn more than someone employed in a similar job in a small town or rural area.

Based on all these variables, your pay may very well be lower — or higher — than that of other employees in your company or sector.

However, regardless of where in Switzerland you work, there are ways to find out whether you are being compensated sufficiently for the kind of work and position you have, or whether your salary is lower than normal for your industry (a practice known as “wage dumping”).

Swiss labour practices

While some employers have been accused of wage dumping, this is not a widespread practice in Switzerland, and is predominantly limited to small companies that subcontract work.

The country has strong labour laws which protect workers in terms of wages, work conditions, and other employment-related rights.

In addition to the basic rules and conditions outlined in this legislation, many employees are also covered by the collective bargaining agreement (CLA), a kind of contract that is negotiated between Switzerland’s trade unions and employers.

Generally speaking, they cover a minimum wage for each type of work; regulations relating to work hours; payment of wages in the event of illness or maternity; vacation and days off; and protection against dismissal.

CLAs are sector-specific; in other words, they take into account the particular aspects of each branch. As an example, Switzerland’s largest labour union, The Swiss Federation of Trade Unions (UNIA), maintains 265 collective agreements in the areas of industry and construction.

READ  MORE: What is a Swiss collective bargaining agreement — and how could it benefit you?

So if your company and employees are covered by a CLA, you can be sure that you are getting a fair wage — and that your other rights are protected as well.

What if your company has not concluded a CLA?

In this case, you are still protected by the above-mentioned labour legislation, which ensures that your welfare and rights are being respected.

You will also sign an employment contract with your company, which outlines your salary, rights and obligations, as well as everything your employer can and cannot do, or expect from you.

According to a government site, “in professional sectors that do not have a collective employment agreement, the federal or cantonal authorities can establish a standard employment contract …The employer can only modify these conditions to offer better terms for employees.”

Due diligence

If you want to know what a standard wage is for your type of job and industry you can do so by checking out the wage calculator created by UNIA. 

It is programmed with the latest salary levels from 72 different industry sectors and 36,000 companies in Switzerland, so it will give you a good indication of what a fair wage is in your case.

If the pay your employer is offering you is below the industry standard, you have the option of not accepting the job.

In case you are already working and realise your employer is short-changing you — especially based on your nationality, race, gender or disability — there are some options open to you, all of which are outlined on this government site

If a court or another official body decides the employer was paying you unfairly, the company will have to repay the wage difference.

READ MORE: How much do you need to earn in your Swiss canton to be well off?

 
 
 

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TRAVEL NEWS

Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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