In Switzerland, private sector recruitment is an activity strictly governed by the state and, as such, is subject to authorization and permits. As a recruitment agency based outside of Swiss territory you are not authorised to recruit for jobs in Switzerland or effectively advertise Swiss vacancies. 

This article provides insights into what full legal compliance means for you recruitment business when staffing talents in Switzerland.

Staffing companies and their clients will come under scrutiny, if they have not implemented fully compliant processes required to provide staffing and recruitment services in Switzerland.

Switzerland is a unique market with an established demand for highly skilled talents that its sheer number of inhabitants simply cannot meet. To address this demand Swiss companies are being increasingly supported by a range of international staffing companies, who battle a fierce war for talents.

Swiss recruitment activities are governed by the regulations of what constitutes direct and indirect supply. Hence very simply put, unless your staffing organization has a (cantonal and federal) SECO permit for you are not permitted to make permanent placements within Switzerland.

All agencies established outside Swiss territory involved in recruitment activities with relevance to Switzerland are liable to fines of up to CHF 100 000 per incidence. In addition, any persons who, in their capacity as an employer, should have recourse to the services of a non-authorized agency are liable to fines of up to CHF 40 000. And this is enforced regularly.

For agencies not incorporated in Switzerland therefore have two possibilities:

1) Work in conjunction with a recruitment agency based in Switzerland that has cantonal and federal SECO permits:

If you are in the field of recruitment working in conjunction with a recruitment agency based in Switzerland that has cantonal and federal authorization, your activities would then be compliant. The Swiss Recruitment Agency has to be involved in the process from the very beginning and takes control over all activity regarding the recruitment services in Switzerland. The company which is not having a SECO permit is effectivley acting as a “CV Supplier”. 

Instructions on recruitment shall be given by the Swiss employer to the authorized agency. This latter may then forward the information to its foreign partner.They shall expressly refer to the fact that the placement will be processed by a Swiss based and authorized agency. The selection of candidates has to be forwarded at its early stage to the Swiss partner agency, which will take over the process in accordance with the client’s instructions.

For offers published in newspapers, on the web or on your website: you shall advertise under your own name and mention your partner in Switzerland; you have to indicate that all preselected applications will be forwarded to the Swiss partner and be processed by your Swiss partner according to Swiss law.

2) Set up a base in Switzerland:

If you see that the business opportunities are more then an occasional placement, then the recruitment agency sets up a base in Switzerland, registers in the Swiss Commercial Register, procures all licenses (licence for placement issued by the Canton in which the base is set up and federal license for placement) and eventually provides the placement service between job seeker and Swiss employer trough the Swiss based company which:

• has to be registered in the Swiss Commercial Register 
• must have suitable premises
• must have an authorised person who is responsible for tha activities (i.e. the person in charge must be:
  • Swiss citizen or foreigner with a resident permit 
  • qualified to provide professional placement services
  • of good reputation