Insights
How Can Foreign Citizens Work as Self-employed in Switzerland?
It is relatively straight forward for EU/EFTA citizens to work as self-employed in Switzerland. However, there are strict requirements for those originating from third countries. It should also be noted that in some circumstances, an employee of a company limited by shares (AG), or a limited liability company (GmbH) may be treated as self-employed.
When Does a Platform Operator Become an Employer?
The distinction between self-employment and employment under Swiss law is not always clear. Case law states that the circumstances of the specific situation will be determinative, which makes it important for service platform operators to consider the issue before building the platform.
Social Security Court Holds that Uber-Drivers Are Employees
Platform and app operators like Uber typically see themselves as mere intermediaries between service providers and end customers. The criteria that must be met in order for service providers to qualify as self-employed for social security purposes were laid down in a recent judgment from the Zurich Social Security Court.