Implementation of the "Initiative Against Mass Immigration"
In February 2014, the Swiss People adopted the so-called "Initiative against mass immigration". This initiative mandates the Swiss legislator to limit the immigration of foreigners to Switzerland by means of annual maximum figures and quotas in line with Switzerland's overall economic interests. The aim of this initiative is to protect jobs in Switzerland by favoring Swiss job applicants over foreigners. In view of the conflict between this initiative and the Bilateral Agreement on the free movement of persons between Switzerland and the EU, the Swiss Parliament tried to find a solution which would reconciliate the will of the Swiss People and Switzerland's obligations under the Bilateral Agreements with the EU. Eventually, the Swiss Parliament decided to impose an obligation on Swiss employers to register jobs in professions with high unemployment rates. The aim is to make better use of the potential of the domestic workforce by promoting the placement of job-seekers registered with a regional employment centre (Swiss abbreviation "RAV") in Switzerland.
Obligation to Report Job Vacancies to RAV
From 1 July 2018, employers are obliged to report to the RAV job vacancies in professions with over 8% unemployment. As from 1 January 2020, this threshold will be reduced to 5%. The Federal Department of Economic Affairs, Education and Research makes the necessary annual adjustments. The obligation to register includes, among other things, an indication of the profession concerned, the job description (including special requirements), the place of work and work percentage, the date of commencement of the position and the type of employment relationship.
Companies can check on www.arbeit.swiss.ch whether the position to be filled is subject to reporting requirements or not. For example, from 1 July 2018, job positions for construction workers or secretaries/receptionists will have to be registered, as both are professions with over 8% unemployment.
Violation of the reporting obligation is sanctioned with a maximum fine of CHF 40,000 (in case of intent) or CHF 20,000 (in case of negligence).
Procedure for Reporting Job Vacancies
After the HR manager provides the RAV with all the necessary information on the position to be filled, he or she will be informed by the RAV that the job advertisement will for a period of five working days be accessible for registered job-seekers only. Job-seekers...