Non-compliance with Swiss immigration law - fines and other penalties
Background information
The Swiss parliament has recently increased the number of inspections from 27,000 to 35,000 per year to check that assignees have been registered in accordance with Swiss immigration law and that Swiss minimum salary requirements have been met.
Non-compliance with Swiss immigration law (registration duties / in German: Meldeverfahren)
Late registration of assignees – work not yet started
First time Second time Third time Assignment of a maximum of 5 assignees Warning Fine of CHF 300.-- Fine of CHF 600.-- Assignment of 6 or more assignees Warning Fine of CHF 450.-- Fine of CHF 900.-
First time | Second time | Third time | |
Assignment of a maximum of 5 assignees | Warning | Fine of CHF 300.-- | Fine of CHF 600.-- |
Assignment of 6 or more assignees | Warning | Fine of CHF 450.-- | Fine of CHF 900.- |
For subsequent offences, the fine will be doubled up to a maximum fine of CHF 30,000.--.
Example: The fourth late registration of up to 5 assignees incurs a fine of CHF 600 x 2 = CHF 1,200.--
Late registration of assignees – work already started (minor offence)
First time
Second time Third time Assignment of a maximum of 5 assignees CHF 250.-- CHF 500.-- CHF 1,000.-- Assignment of 6 or more assignees CHF 375.-- CHF 750.-- CHF 1,500.--
First time | Second time | Third time | |
Assignment of a maximum of 5 assignees | CHF 250.-- | CHF 500.-- | CHF 1,000.-- |
Assignment of 6 or more assignees | CHF 375.-- | CHF 750.-- | CHF 1,500.-- |
For subsequent offences, the fine will be doubled up to a maximum fine of CHF 30,000.--.
No registration of assignees at all / false registration of assignee
(serious offence)
First time Second time Third time
Assignment of a maximum of 5 assignees CHF 500.-- CHF 1,000.-- CHF 2,000.-- Assignment of 6 or more assignees CHF 750.-- CHF 1,500.-- CHF 3,500.--
First time | Second time | Third time | |
Assignment of a maximum of 5 assignees | CHF 500.-- | CHF 1,000.-- | CHF 2,000.-- |
Assignment of 6 or more assignees | CHF 750.-- | CHF 1,500.-- | CHF 3,500.-- |
For subsequent offences, the fine will be doubled up to a maximum fine of CHF 30,000.--.
Non-compliance with Swiss minimum salary requirements
Minor offences
If the Swiss premiums (unpaid/unproven) total less than CHF 5,000.--, or if the late paid Swiss premiums total less than CHF 10,000.--, the competent authorities will categorize the offence as minor and the following penalties will be imposed:
Unpaid/unproven Swiss premiums to meet the Swiss minimum salary requirements | Late paid Swiss premiums to meet the Swiss minimum salary requirements | |
First time | fine of 150% of the Swiss premiums | fine of 50 % of the Swiss premiums |
Second time | fine of 150 % of the Swiss premiums | fine of 50 % of the Swiss premiums |
Third time | fine of 150 % of the Swiss premiums | fine of 50 % of the Swiss premiums |
For subsequent offences, the minimum fine will be doubled up to a maximum fine of CHF 30,000.--.
Serious offences
If the Swiss premiums (unpaid/unproven) total more than CHF 5,000.-- or if the late paid Swiss premiums total more than CHF 10,000.--, the competent authorities will categorize the offence as serious and the following penalties will be imposed:
Total sum of non-compliant Swiss premiums | Unpaid/unproven Swiss premiums to meet the Swiss minimum salary requirements | Laid paid Swiss premiums to meet the Swiss minimum salary requirements |
CHF 5,000.-- up to CHF 10,000.-- | fine of 160% of the Swiss premiums or banned from providing any services for 12 months in Switzerland | fine of 50 % of the Swiss premiums or banned from providing any services for 12 months in Switzerland |
CHF 10,001.-- up to CHF 20,000.-- | fine of 160% of the Swiss premiums and banned from providing any services for 12 – 24 months in Switzerland | fine of 50 % of the Swiss premiums or banned from providing any services for 12 – 18 months in Switzerland |
CHF 20,001.-- up to CHF 30,000.-- | fine of CHF 30'000 and banned from providing any services for 24 – 36 months in Switzerland | fine of CHF 30'000 and banned from providing any services for 18 – 24 months in Switzerland |
The maximum length of ban from providing any services in Switzerland is 60 months.
Only in 2020, approximately 600 companies were banned from providing any services in Switzerland.
Any costs incurred by an inspection must paid by the assignees’ employer. In addition to liability for the said fines and bans, the assignees’ employer remains at all times obliged to pay the full amount of Swiss premiums to their assignees during their assignment in Switzerland to meet Swiss minimum salary requirements.
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