Author
Foreign nationals, refugees and stateless persons who have been temporarily admitted to Switzerland, refugees who have been granted asylum in Switzerland and stateless persons who are recognised in Switzerland may take up gainful employment as soon as they received such status.
Recognised refugees (with asylum or with a temporary admission status) are entitled to engage in gainful employment and to change jobs or professions without any restrictions.[1] The requirements are that the employer must report the start and end of employment and comply with the usual local wage and working conditions for the given profession and industry.[2] On 31 December 2022, 41% of refugees with asylum who were able to work were employed (compared to 40% in 2021).[3]
Temporarily admitted persons may work anywhere in Switzerland if the salary and employment conditions customary for the location, profession and sector are satisfied. The employer must report the start or end of employment to the cantonal authority responsible for the place of work in advance. The report must include a declaration, stating that the employer is aware of the salary and employment conditions customary for the location, profession and sector, and that they are committed to observing them.[4] However, due to the temporary nature and especially the name of this status, temporarily admitted persons still encounter significant hurdles to employment. On 31 December 2022, 47% of temporarily admitted persons able to work were employed in 2021).[5]
Personal qualifications like diplomas from other countries are not recognised for the most part, which is a big problem in respect of access to the labour market.
The pilot programme “Integration Pre-Apprenticeship” has been running since 2018. It was expanded and extended by two years from August 2021 and is supported by 17 cantons. As an additional measure to increase the promotion of the domestic labour force potential, the pilot programme “Financial Grants” was implemented in 14 cantons from January 2021.[6]
At its meeting on 22 February 2023, the Federal Council opened the consultation process on an amendment to the implementing ordinances for the Foreign Nationals and Integration Act and the Asylum Act. Temporarily admitted persons should be able to transfer their residence to another canton more easily if they work there. Access to the labour market should also be made easier for other foreigners.[7]
[1] Article 61 AsylA.
[2] Article 65 Ordinance on Admission, Period of Stay and Employment.
[3] SEM, asylum statistics (6-23), available at: https://bit.ly/44rdaeN.
[4] Article 85a FNIA.
[5] SEM, asylum statistics (6-22), available at: https://bit.ly/44rdaeN.
[6] SEM, Le préapprentissage d’intégration est reconduit, , press release, 3 May 2021, available in French (and German and Italian) at: https://bit.ly/3iFTEbj.
[7] FDPJ, Le Conseil fédéral souhaite faciliter l’accès des personnes admises à titre provisoire au marché du travail, press release of 22 February 2023, available in French (and German and Italian) at : https://bit.ly/3mweE5T.