¹ This Law regulates the minimum working and salary conditions applicable to posted workers for a limited period in Switzerland by an employer who has his or her domicile or registered office abroad in order to:

A.

Provide a work benefit on behalf of and under the direction of that employer under a contract with the recipient of the benefit;

B.

Work in a subsidiary or business belonging to the employer's group.

² It also regulates the supervision of employers who hire workers in Switzerland and the penalties applicable to them in the event of non-compliance with the minimum wage provisions laid down in contracts-types of work within the meaning of Art. 360 A Of the code of obligations (CO) ² The law also regulates joint and several liability of the contractor for non-compliance with minimum working conditions and wages by subcontractors. ^{3 4}

³ The concept of worker is governed by Swiss law (art. 319 to 362 CO). ⁵

¹ Foreign service providers who declare that they engage in an independent gainful occupation must, upon request, prove it to the supervisory body within the meaning of s. 7, para. 1. The concept of an independent profit-making activity is governed by Swiss law.

² In the case of on-the-spot checks, the service provider must present to the supervisory body the following documents:

A.

A copy of the advertisement referred to in s. 6 or a copy of the authorisation issued if the exercise of a gainful occupation in Switzerland is subject to the procedure for the announcement or authorisation provided for by the legislation on aliens;

B.

A certificate within the meaning of s. 19, para. 2, of Regulation (EC) No ^O 987/2009 (Form A1) ² ;

C.

A copy of the contract with the principal or principal; where there is no written contract, a written confirmation from the principal or principal concerning the terms of reference or business contract to be executed in Switzerland; Documents must be submitted in an official language.

³ If the service provider is unable to present the documents cited in para. 2, the supervisory body shall grant it a period of not more than two days to provide them.

⁴ If the supervisory body cannot definitively determine the status of independent status on the basis of the documents submitted and the observations made on the spot, it requests additional information and documents.

⁵ The controlled person and his or her principal or contractor are required to provide to the control body, upon request, all documents that serve to prove the person's self-employed independent activity and who provide information on the report Existing contract.

¹ The supervisory body may announce the following persons to the competent cantonal authority under Art. 7, para. 1, let. D:

A.

An independent person who fails to file the documents referred to in s. 1 A , para. 2, or equivalent documents;

B.

Persons who have not been able to prove their status as self-employed and whose employer is not identifiable.

² The cantonal authority may order a suspension of work and compel the person to leave the workplace. An appeal against the decision to suspend the work shall not have suspensory effect. In the case of surplus, the procedure is governed by the cantonal law.

³ Suspension of hard work:

A.

For the persons referred to in para. 1, let. A: until the documents under s. 1 A , para. 2, or equivalent documents are provided;

B.

For the persons referred to in para. 1, let. B: until their employer is identified.

¹ Employers must guarantee to posted workers at least the conditions of work and wages prescribed by federal laws, Federal Council orders, collective labour agreements declared compulsory, and Contracts-types of work within the meaning of s. 360 A CO ¹ In the following areas:

A. ²

Minimum remuneration, including supplements;

B.

Duration of work and rest;

C.

The minimum duration of the holiday;

D.

Occupational safety, health and hygiene;

E.

Protection of pregnant women and birth attendants, children and young people;

F.

Non-discrimination, including equal treatment of women and men.

² If the collective labour agreements declared compulsory provide for contributions to compensation funds or other comparable institutions relating to salary guarantees, such as holidays, public holidays or Family allowances, these provisions also apply to employers who post workers in Switzerland. This provision shall not apply if the employer proves that it pays, for the same period, contributions to such an institution in the State in which it has its registered office. ³

^2bis If the compulsory collective labour agreements provide for a compulsory contribution to continuing training costs, these provisions also apply to employers who post workers in Switzerland when the Detachment lasts more than 90 days. ⁴

^2ter If the collective labour agreements declared binding provide for the employer to deposit a financial guarantee, these provisions also apply to employers who post workers in Switzerland. ⁵

^2c If the collective labour agreements declared binding provide that the joint bodies responsible for ensuring the implementation of the agreement have the possibility of imposing a conventional penalty, the provisions laid down for breach Of Art. 2 also apply to employers who have posted workers to Switzerland. ⁶

³ The allowances specific to the secondment shall be regarded as part of the salary, to the extent that they are not paid as reimbursement of expenses directly related to the secondment, such as travel, accommodation or Food.

⁴ Minimum working and salary conditions must be met throughout the duration of the mission.

⁵ The Federal Council may make provisions under which the employer is required to make the payment of social contributions.

The employer must ensure that posted workers are guaranteed accommodation in accordance with the standards of hygiene and comfort that are customary at the mission site. ¹ Deductions for accommodation and supplies should not exceed the usual local amounts.

¹ The minimum requirements for remuneration and holidays do not apply to:

A.

Low-level work;

B.

The initial installation or installation, if the work lasts less than eight days and is an integral part of a contract for the supply of goods.

² The Federal Council shall lay down the criteria defining the work referred to in para. 1. In particular, the scope is based on the type and duration of the missions, their frequency and the number of workers involved.

³ The construction and civil engineering sectors, the second work and the hotel and restaurant sectors are not covered by para. 1. The Federal Council may exempt other economic branches from the application of para. 1.

¹ If work is carried out in the construction, civil engineering and second work sectors by subcontractors, the contractor (total contractor, general contractor or principal contractor) is civilly liable for non-compliance by subcontractors Net minimum wages and working conditions referred to in s. 2, para. 1, of this Act.

² The Contractor shall act jointly and severally with all subcontractors succeeding him in the contractual chain. It replies only to the extent that the subcontractor has been prosecuted in advance in vain or cannot be prosecuted.

³ The contractor may exempt itself from liability under para. 1 if it proves to have fulfilled its duty of care in the measure ordered by the circumstances in respect of the conditions of work and wages for each subcontract of work. In particular, the contractor has fulfilled its duty of care if its subcontractors have established in a credible manner on the basis of documents and evidence that they respect the conditions of wages and work.

⁴ If the contractor has not fulfilled its duty of care in accordance with para. 3, it may be subject to the penalties provided for in Art. 9. Art. 9, para. 3, is not applicable.

¹ Prior to the commencement of the mission, the employer shall advertise to the authority designated by the Township under s. 7, para. 1, let. D, in writing and in the official language of the place of the mission, the indications necessary for the execution of the control, in particular:

A. ²

The identity and salary of the persons in Switzerland;

B.

The activity in Switzerland;

C.

The location where the work will be performed.

² The employer shall attach to the information referred to in para. 1 an attestation by which he confirms that he has become acquainted with the conditions laid down in Art. 2 and 3 and undertakes to respect them.

³ The work can only start eight days after the announcement of the mission.

⁴ The authority designated by the Township under s. 7, para. 1, let. D, immediately send a copy of the announcement to the cantonal tripartite commission and, where appropriate, to the Joint Commission established by the collective agreement on compulsory labour force of the branch Concerned.

⁵ The Federal Council shall specify the elements to be contained in the announcement. It determines:

A.

Cases in which the employer may be exempted from the announcement;

B.

Cases in which derogations from the eight-day period are allowed.

⁶ It rules the procedure.

¹ Monitoring of compliance with the conditions laid down in this Law shall be the responsibility of:

A.

For the provisions of an extended collective labour agreement: the joint bodies responsible for the application of the agreement;

B.

For the provisions relating to minimum wages within the meaning of Art. 360 A CO ¹ Under a contract-type of work: the tripartite commissions established by the cantons or the Confederation (Art. 360 B CO);

C.

For the provisions of federal legislative acts: to the competent authorities under those acts;

D.

For the other provisions: to the authorities designated by the cantons.

² On request, the employer shall deliver to the bodies referred to in para. 1 all documents certifying that the working conditions and wages of workers are respected. These documents must be presented in an official language. ²

³ If the necessary documents are not or are not available, the employer must establish compliance with the legal provisions unless it can demonstrate that it has not committed any fault in the loss of the supporting documents.

⁴ The employer must, at all times, grant the supervisory bodies free access to the workplace and to the administrative premises.

^4bis If extended collective labor agreements regulate the management of control costs ³ , the provisions are also applicable to employers who post workers in Switzerland. In this case, art. 9, para. 2, let. C, does not apply. ⁴

⁵ The Federal Council and the cantons settle the allowances to be paid to the law enforcement bodies.

¹ The cantons must have a sufficient number of inspectors to carry out the tasks of supervision within the meaning of Art. 7, para. 1, let. B, as well as observation tasks of tripartite commissions within the meaning of s. 360 B , para. 3 to 5, CO ² They may also provide for cooperation with the joint bodies for the execution of checks within the meaning of Art. 7, para. 1, let. A.

² The number of inspectors within the meaning of para. 1 is determined in particular by the size and structure of the labour market concerned. Wherever possible, collaboration with other labour market inspectors is exploited.

³ The Confederation pays 50 % of the salary costs incurred. The Federal Department of Economics, Training and Research ³ Or the Office designated by the latter may enter into benefit agreements with the cantons.

⁴ The Federal Council regulates the modalities.

¹ The supervisory bodies referred to in Art. 7 coordinate their activities and cooperate with each other, as necessary to carry out their tasks.

² They shall transmit the necessary documents and information.

³ The competent authorities may cooperate with the authorities of other States in order to exchange information on the cross-border occupation of workers if they permit the avoidance of infringements of this Law.

⁴ The unemployment funds shall inform the tripartite cantonal committees established under Art. 360 B CO ¹ And the joint bodies responsible for the application of an extended collective labour agreement where, in the course of their activities, they fall within the scope of the evidence to suggest that wages and working conditions are not Consistent with professional and local uses. ²

¹ The supervisory bodies shall announce to the competent cantonal authority any infringement of this Law.

² The cantonal authority referred to in Art. 7, para. 1, let. D, may take the following measures:

A.

In the case of an infringement of Art 1 A , para. 2, in the event of a minor breach of s. 2 and in the case of an infringement of s. 3 or 6, give an administrative penalty providing for payment of up to 5,000 francs; s. 7 of the Federal Act of 22 March 1974 on administrative criminal law ¹ Is applicable;

B.

In the case of a more serious breach of s. 2, in the case of an offence under s. 12, para. 1, or in case of non-payment of the amount of an administrative sanction entered into force referred to in the let. A, prohibit the undertaking or the person concerned from offering its services in Switzerland for a period of one to five years;

C.

In the event of an infringement of the provisions relating to the minimum wage of a contract-type of work within the meaning of Art. 360 A CO ² By the employer who incurs workers in Switzerland, to impose an administrative penalty providing for payment of an amount of not more than 5000 francs; Art. 7 of the Federal Act of 22 March 1974 on administrative criminal law is applicable;

D.

Put all or part of the cost of the control at the expense of the company or the person who is in charge. ³

³ The authority making a sanction shall communicate a copy of its decision to the Secretariat of State to the economy and to the supervisory body competent under Art. 7, para. 1, let. A. The State Secretariat for the Economy shall draw up a list of undertakings and persons who have been the subject of a sanction entered into force. This list is public. ⁴

Organisations which have the task, by virtue of their statutes, to defend the social and economic interests of workers or employers have standing to act in recognition of an infringement of this Law.

¹ To be punished with a fine of up to 40 000 francs, unless it is an offence for which the Penal Code ¹ Provides for a heavier penalty:

A.

Any person who, in breach of the obligation to provide information, knowingly gave inaccurate information or refused to provide information;

B.

Any person who opposes the control of the competent authority or has made it impossible otherwise;

C. ²

Any person who has not complied with an enforceable prohibition on the provision of services under s. 9, para. 2, let. B;

D. ³

Any person who incurs workers engaged in Switzerland and who has been systematically and in a spirit of profit in breach of the provisions relating to the minimum wage of a contract-type of work within the meaning of Art. 360 A CO ⁴ .

² In cases of minor gravity, the authority may waive criminal prosecution.

³ To be punished with a fine of not more than 1 000 000 francs, unless it is a crime or an offence for which the Penal Code provides for a heavier penalty, anyone who in a systematic manner and in a spirit of lucre, as employer, will have Not guaranteed to a worker the minimum conditions laid down in Art. 2.

⁴ Art. 70 to 72 of the Penal Code are applicable. ⁵

The prosecution and judgment of the offences under this Law shall be the responsibility of the cantons.

The State Secretariat for the Economy shall supervise the implementation of this Law. It may give instructions to the supervisory bodies in accordance with Art. 7.

¹ The contractor does not meet its subcontractors under s. 5 in its version of 14 December 2012 when the contract by which it assigns work to the first subcontractor of the contractual chain was concluded before the entry into force of this amendment.

² No later than five years after the entry into force of s. 5 in its version of 14 December 2012, the Federal Council submits a report to the Federal Assembly on the effectiveness of the measures provided for, including proposals on the follow-up to the evaluation.

¹ This Law shall be subject to the referendum.

² The Federal Council shall fix the date of entry into force of this Law; it shall have effect as long as the Agreement of 21 June 1999 between, on the one hand, the Swiss Confederation and, on the other, the European Community and its Member States, on the Free movement of persons ¹ .