When a company from Germany, France or another country sets up a branch, subsidiary or group headquarters in Switzerland, the legal issue is usually not the incorporation itself (fiduciaries and notaries handle that) but the question under which conditions its own employees can come along.
The decisive first distinction: EU/EFTA or third country?
A considerably simpler regime applies to companies from Germany, France or other EU/EFTA states than to third countries. Under the Switzerland–EU Agreement on Free Movement of Persons (AFMP), EU/EFTA nationals can in principle work in Switzerland without the quotas that apply to third countries and without a check of priority for domestic workers. For executives who are to move from a third country (e.g. the USA, the United Kingdom after Brexit, Asian states) to a Swiss branch, by contrast, the stricter requirements of Art. 18 ff. AIG apply, which we have already explained in detail in our article on the residence permit for skilled workers.
Intra-group transfer (posting)
For the temporary relocation of senior staff within the same group, Art. 46 VZAE provides a category of its own: the intra-company transfer. This rule eases the admission of specialists and executives who are already employed in the group and move to the Swiss branch for a limited-term assignment, for instance to build up a new site, introduce group standards or provide interim management after an acquisition.
What to consider legally when choosing a location
- Quotas are allocated by canton: for third-country nationals it pays to clarify early whether quotas are still available at all in the chosen canton and year.
- Proof of overall economic interest: for newly established branches the authorities regularly require a business plan that credibly shows job creation and the economic substance of the establishment.
- Family reunification for posted executives: should be planned from the start, not only after arrival; see our separate article on family reunification for executives.
How we support companies in practice
We support both the individual permit procedures for posted employees and the overall planning, for example which cantons are realistic for a particular project, how to document an application convincingly and how recurring transfers can be handled cleanly in organisational terms. Advice is given in German, English and French.
Planning a branch or the transfer of employees to Switzerland?
Without obligation, we check which approach is realistic for your project and the chosen canton.
Request a confidential initial consultation