Precedence of domestic employees

Based on external page Art. 21 FNIA third-state nationals can be admitted only if it is not possible to recruit a person who qualifies for precedence from the labour market in Switzerland or in an EU/EFTA state.
Precedence is given to:

Swiss nationals
Foreign nationals with a permanent residence permit (Permit C)
Foreign nationals with a residence permit authorising them to work (Permit B, including recognised refugees)

In addition, precedence is given to:

Foreign nationals with temporary admission (Permit F)
Persons granted temporary protection who have a permit entitling them to work (Permit S)
Persons from countries with which a treaty on free movement has been concluded (Permits L and B)

Employers must prove that, despite their best efforts, no suitable candidates from the categories that take precedence could be recruited.

Further information can be found on the external page website of the State Secretariat for Migration. We would also like to refer you to the overview of the required documents for an employment (only available in German).

Process

The recruiting team reports non-scientific positions to the regional employment centers external page RAV (incl. European Employment System external page EURES) as a precautionary measure if it is assumed that potentially no suitable candidate with precedence can be found. Recruiting or the HR Partner informs the hiring manager about the precedence.
During the preselection process, candidates from the domestic labour market and the labour markets of EU/EFTA countries must be considered first. To do this, use the information on nationalities, residence and work permit that are stored in the recruitment tool for all applicants.
In case of no suitable candidates with precedence, an application for a work permit can be submitted for third-state nationals.

The following evidence is required:
? Recruiting will provide the following for the application:
    o Confirmation of publication with RAV and EURES
    o Proof of the duration of publication on the other platforms
    o List of applicants with detailed anonymised information (nationalities, education/qualifications, date of application)
? Hiring managers prepare the following documents:
    o Letter of justification as to why only the person from a third-state - compared to the other applicants with precedence - is being     considered
    o List of applicants with a brief explanation per candidate as to why they have been rejected

After completing the hiring workflow and receiving the necessary documents, HR Administration submits the work permit application with the aforementioned documents.

A processing time (only available in German) of 6-8 weeks can be expected.
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