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How to get a Swiss contract from a US company?

I am getting a job offer from a US company that wants me to manage their European sales.


They are not a public company nor do they have any base in Switzerland. I suspect they will want me to work without any contract and I would prefer a Swiss contract, as I will pay my taxes in Switzerland and want the benefits.


Is there any way to make this easy and agreable for them, as it is very important to me as a Swiss citizen to have a contract?


If anyone is or knows the expert on this, please contact me asap.


Thank you very much!

The text you are quoting:

I am getting a job offer from a US company that wants me to manage their European sales.


They are not a public company nor do they have any base in Switzerland. I suspect they will want me to work without any contract and I would prefer a Swiss contract, as I will pay my taxes in Switzerland and want the benefits.


Is there any way to make this easy and agreable for them, as it is very important to me as a Swiss citizen to have a contract?


If anyone is or knows the expert on this, please contact me asap.


Thank you very much!


MarmarKJul 19, 2011 @ 04:19
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Re: How to get a Swiss contract from a US company?
Post 1

quite simply you can create a contract between you and the company. you will be an independent. you may include any benefits you like, if they are in agreement. you will have to pay your own AVS charges ( about 8.8% ), there isn't any unemployment benefit or 2eme pillier pension unless you create your own. also, as the us company is not registered in switzerland, it would be very difficult to sue them in switzerland if that would become necessary. you could have the contract fall under the state laws of where the company is registered, and in that way have legal recourse under those state laws.

The text you are quoting:

quite simply you can create a contract between you and the company. you will be an independent. you may include any benefits you like, if they are in agreement. you will have to pay your own AVS charges ( about 8.8% ), there isn't any unemployment benefit or 2eme pillier pension unless you create your own. also, as the us company is not registered in switzerland, it would be very difficult to sue them in switzerland if that would become necessary. you could have the contract fall under the state laws of where the company is registered, and in that way have legal recourse under those state laws.


epicure, Jul 19, 2011 @ 08:12
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Re: How to get a Swiss contract from a US company?
Post 2

Hello Epicure,


Thank you for your swift reply. Can I create the contract based on Swiss labour laws? http://www.dfae.admin.ch/eda/en/home/topics/intorg/un/unge/gepri/manlab/manla2.html


Do you have any experience with setting this up and preparing for taxes and retirement in Switzerland as an independent. Perhaps a website exists?


Many thanks,


M

The text you are quoting:

Hello Epicure,


Thank you for your swift reply. Can I create the contract based on Swiss labour laws? http://www.dfae.admin.ch/eda/en/home/topics/intorg/un/unge/gepri/manlab/manla2.html


Do you have any experience with setting this up and preparing for taxes and retirement in Switzerland as an independent. Perhaps a website exists?


Many thanks,


M


MarmarK, Jul 19, 2011 @ 08:29
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Re: How to get a Swiss contract from a US company?
Post 3

Mama,


You may want to think about registering as an "independant" with the registre de commerce if you will be sort of employed by a company outside Swizterland.  This way you can legally bill a foreign company. You then have to become affiliated with a caisse avs, to whom you pay avs, chomage, etc.  In Geneva I woudl recommend the FER.


Your contract should mention that on top of your salary, certain social benefits are required to be paid 50/50 (avs, chomage, LPP, LAA, PdG, MAT). As an independant, you declare your own taxes at the end o fthe year.


I would strongly recommend enlisting the services of the FER as that is their business, they are very reasonably priced (most éawyers can't really help you unless they are specialised in this field),


Good luck and ding me if you need some more advice.

The text you are quoting:

Mama,


You may want to think about registering as an "independant" with the registre de commerce if you will be sort of employed by a company outside Swizterland.  This way you can legally bill a foreign company. You then have to become affiliated with a caisse avs, to whom you pay avs, chomage, etc.  In Geneva I woudl recommend the FER.


Your contract should mention that on top of your salary, certain social benefits are required to be paid 50/50 (avs, chomage, LPP, LAA, PdG, MAT). As an independant, you declare your own taxes at the end o fthe year.


I would strongly recommend enlisting the services of the FER as that is their business, they are very reasonably priced (most éawyers can't really help you unless they are specialised in this field),


Good luck and ding me if you need some more advice.


Poster, Jul 19, 2011 @ 20:40
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Re: How to get a Swiss contract from a US company?
Post 4

Thank you Poster.


This is very helpful and I appreciate the replies from both you and Epicure.


I will look up the FER and contact them shortly.

The text you are quoting:

Thank you Poster.


This is very helpful and I appreciate the replies from both you and Epicure.


I will look up the FER and contact them shortly.


MarmarK, Jul 20, 2011 @ 00:36
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Re: How to get a Swiss contract from a US company?
Post 5

i think you will find that you cannot be an independent and an employee at the same time. if you were to set up an sa or sarl, and hire yourself as an employee, even in that case you would not be able to be covered by "chomage" as a main company share holder and employee. ( you could in the past, but they changed the law)


you only need to register with the chambre de commerce if you have a turnover of more than 75'000 sfr. per year. you may invoice anyone and anywhere regardless. however, if you only have 1 client, then, in switzerland, you are not allowed to be considered independent, but rather an employee of your client.!!  and they are responsible for their part of your social charges.

The text you are quoting:

i think you will find that you cannot be an independent and an employee at the same time. if you were to set up an sa or sarl, and hire yourself as an employee, even in that case you would not be able to be covered by "chomage" as a main company share holder and employee. ( you could in the past, but they changed the law)


you only need to register with the chambre de commerce if you have a turnover of more than 75'000 sfr. per year. you may invoice anyone and anywhere regardless. however, if you only have 1 client, then, in switzerland, you are not allowed to be considered independent, but rather an employee of your client.!!  and they are responsible for their part of your social charges.


epicure, Jul 20, 2011 @ 01:12
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