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working from home (Geneva based) for company in UK

Hello,


maybe sby had / have a similar experience - I would like to well understand all the legal aspects connected with it. I am now on Permis B, EU citizen but trying to figure out how it will work for me once I will have UK contract with a private company, but working from home in gva. What is the best option for me in terms of my status, how it works with AVS, LAA etc. Appreciate your feedback! thanks Anna


 

The text you are quoting:

Hello,


maybe sby had / have a similar experience - I would like to well understand all the legal aspects connected with it. I am now on Permis B, EU citizen but trying to figure out how it will work for me once I will have UK contract with a private company, but working from home in gva. What is the best option for me in terms of my status, how it works with AVS, LAA etc. Appreciate your feedback! thanks Anna


 


Anna BJul 24, 2015 @ 09:49
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Re: working from home (Geneva based) for company in UK
Post 1

Hi Anna


Unfortunately option isnt really the right word. Basically you set out the facts for the AVS people, and they will inform you how they intend to treat the situation.


If your contract with the UK company is one of employment, the AVS people may require that they appoint a local payroll agent to handle deductions, LPP inscription etc


If the contract is one of self-employment, this means registering as such at the commercial register and also normally requires you to show (the AVS) that you have several clients, for them to accept the arrangement. If you only have one, they may treat the relationship as being one of employment anyway.


Cheers


Phil

The text you are quoting:

Hi Anna


Unfortunately option isnt really the right word. Basically you set out the facts for the AVS people, and they will inform you how they intend to treat the situation.


If your contract with the UK company is one of employment, the AVS people may require that they appoint a local payroll agent to handle deductions, LPP inscription etc


If the contract is one of self-employment, this means registering as such at the commercial register and also normally requires you to show (the AVS) that you have several clients, for them to accept the arrangement. If you only have one, they may treat the relationship as being one of employment anyway.


Cheers


Phil


wilycoyote, Jul 25, 2015 @ 12:27
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Re: working from home (Geneva based) for company in UK
Post 2

Thanks Phil

The text you are quoting:

Thanks Phil


Anna B, Jul 27, 2015 @ 08:35
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Re: working from home (Geneva based) for company in UK
Post 3

To add to Phil: it doesn't matter if you work from home of from an office. What matters is if the UK company hires you as their employee or not. And, if you're not familiar with how the local system works, might be best to hire a local accountant to go through the motions for you. 

The text you are quoting:

To add to Phil: it doesn't matter if you work from home of from an office. What matters is if the UK company hires you as their employee or not. And, if you're not familiar with how the local system works, might be best to hire a local accountant to go through the motions for you. 


Nir Ofek, Jul 27, 2015 @ 09:23
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Re: working from home (Geneva based) for company in UK
Post 4

Hi Anna,


I'm in a similar situation, on B permit planning to work from home for a Belgian company. How did you do the set-up for this ? someone recommended me to use an intermediate swiss company to run the payroll and billing - just wondering whats the right thing to do ..?

The text you are quoting:

Hi Anna,


I'm in a similar situation, on B permit planning to work from home for a Belgian company. How did you do the set-up for this ? someone recommended me to use an intermediate swiss company to run the payroll and billing - just wondering whats the right thing to do ..?


Hung a, Dec 19, 2016 @ 01:43
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Re: working from home (Geneva based) for company in UK
Post 5

Curious about the answer...

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Curious about the answer...


Jessica G, Jan 6, 2017 @ 21:52
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Re: working from home (Geneva based) for company in UK
Post 6

What is important to realize is that if someone needs a Swiss working permit (non-Swiss nationals working in Switzerland), he or she will need a Swiss-based establishment to be the "employer". This is in principle a Swiss-based company or a Swiss branch (or representation office) of a foreign employer. In the absence of a Swiss establishment who could act as "employer" towards the immigration authorities, the alternative solution could in theory be a self-employed position. This, however, could be delicate in matter of social security (AVS), because the Swiss social security authorities will require that the self-employed person could demonstrate that he or she has several "clients" (in principle three at least). If the purpose is to work for one company from Switzerland, it would therefore be recommended to either ask the company if it would be possible to set up a base (for example a branch) in Switzerland. Anoher solution could be to create your own company and be the employee of such company, but this implies more costs and investments than a self-employed position.

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What is important to realize is that if someone needs a Swiss working permit (non-Swiss nationals working in Switzerland), he or she will need a Swiss-based establishment to be the "employer". This is in principle a Swiss-based company or a Swiss branch (or representation office) of a foreign employer. In the absence of a Swiss establishment who could act as "employer" towards the immigration authorities, the alternative solution could in theory be a self-employed position. This, however, could be delicate in matter of social security (AVS), because the Swiss social security authorities will require that the self-employed person could demonstrate that he or she has several "clients" (in principle three at least). If the purpose is to work for one company from Switzerland, it would therefore be recommended to either ask the company if it would be possible to set up a base (for example a branch) in Switzerland. Anoher solution could be to create your own company and be the employee of such company, but this implies more costs and investments than a self-employed position.


Per P, Jan 7, 2017 @ 06:57
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Re: working from home (Geneva based) for company in UK
Post 7

Hello All,


This is super useful information as I'm in a similar situation. Living in GVA with my g.friend and 2 kids. She's employed here (in Nyon) and I'm doing contracted work for a company in the US. Currently have a Permit B avec activité lucrative autorisée.


So if I understand correctly I have the following options:


#1. Ask the US company to set up a subsidiary and get employed by them. (Not much chance.) In this case they will handle AVS and rest


#2. I set up my own company, an Ltd. / Sarl or similar and get employed by myself. If I'm right then this come with high costs.


#3. I become self-employed but then I need to have at least 3 local clients (also got this info from OCAS / local authority before). Note, the 3 clients need to be Swiss!


#3 seems to be the easiest for me at the moment.


If someone could answer the below questions, or point me to someone who can, than would be most helpful.


- Can I just simply do this one (or 2-3) contracted work for the US company (and other companies abroad) with my Permit B and nothing else? I would be paying AVS and insurance, whatever is needed.


- Or can I be self-employed with the Permit B avec activité lucrative? Or I have to get Permit with activité independant?


- If I have the 3 local clients (+whatever abroad), does it matter how much money I earn from them? Do I have to have a minimum amount per contract or per monthly income? Does it need to be regular income? E.g. some clients would be on a need-basis, if they need help, then then pay me on an hourly basis.


Thanks in advance!


Andras


 

The text you are quoting:

Hello All,


This is super useful information as I'm in a similar situation. Living in GVA with my g.friend and 2 kids. She's employed here (in Nyon) and I'm doing contracted work for a company in the US. Currently have a Permit B avec activité lucrative autorisée.


So if I understand correctly I have the following options:


#1. Ask the US company to set up a subsidiary and get employed by them. (Not much chance.) In this case they will handle AVS and rest


#2. I set up my own company, an Ltd. / Sarl or similar and get employed by myself. If I'm right then this come with high costs.


#3. I become self-employed but then I need to have at least 3 local clients (also got this info from OCAS / local authority before). Note, the 3 clients need to be Swiss!


#3 seems to be the easiest for me at the moment.


If someone could answer the below questions, or point me to someone who can, than would be most helpful.


- Can I just simply do this one (or 2-3) contracted work for the US company (and other companies abroad) with my Permit B and nothing else? I would be paying AVS and insurance, whatever is needed.


- Or can I be self-employed with the Permit B avec activité lucrative? Or I have to get Permit with activité independant?


- If I have the 3 local clients (+whatever abroad), does it matter how much money I earn from them? Do I have to have a minimum amount per contract or per monthly income? Does it need to be regular income? E.g. some clients would be on a need-basis, if they need help, then then pay me on an hourly basis.


Thanks in advance!


Andras


 


Andras G, Jan 23, 2017 @ 16:16
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Re: working from home (Geneva based) for company in UK
Post 8

And maybe this little brochure in French helps someone else as well:


http://fr.calameo.com/read/0028636079c972c588513


Still happy to get some answers. :)


A.

The text you are quoting:

And maybe this little brochure in French helps someone else as well:


http://fr.calameo.com/read/0028636079c972c588513


Still happy to get some answers. :)


A.


Andras G, Jan 23, 2017 @ 16:36
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Re: working from home (Geneva based) for company in UK
Post 9

And I found that brochure in English as well. Here:


https://1drv.ms/b/s!Aqh6lbOjUW1TnGiMqkK8mIsHke_a


A.

The text you are quoting:

And I found that brochure in English as well. Here:


https://1drv.ms/b/s!Aqh6lbOjUW1TnGiMqkK8mIsHke_a


A.


Andras G, Jan 23, 2017 @ 16:58
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