Staff leasing means the hiring of workers and the commercial assignment of same to outside companies (deployment companies) for the purpose of performing work. In this regard, the employer (contractor) assigns essential managerial authority over its workers to the deployment company.
Staffing may take several forms:
- Temporary work (exclusive posting of workers to deployment companies);
- Contract work (employment of workers at the staffer’s own company, as well as posting of same to deployment companies);
- Occasional assignment(one-time assignment of workers to third parties).
Pursuant to the provisions of the Federal Act on Recruitment and the Hiring of Services (Bundesgesetz über die Arbeitsvermittlung und den Personalverleih, AVG), a permit is required in order to do business as a contractor. In contrast to temporary and contract work, the occasional assignment of workers does not require a permit. Permit issuance depends on the meeting of various conditions and is tied to various requirements (in particular, the obligation to pay a deposit, licensing of an individual responsible for the company, approval of work and staffing contracts). Brokerage and staffing business within Switzerland requires cantonal approval. This is issued by the cantonal approval authority in whose canton the registered office of the staffing company is located. Inter-cantonal business furthermore requires confederation approval. This is granted by the State Secretariat for Economic Affairs (SECO). SECO also oversees the work of the cantonal enforcement authorities.