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Reporting obligation: 2020 update
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Reporting obligation: 2020 update

The reporting obligation has been implemented on July 1, 2018. As a reminder, this measure followed the acceptance by the Swiss people in 2014 of the initiative "against mass immigration". In order to make better use of the workforce potential in Switzerland, the parliament adopted the obligation to advertise vacancies in occupations with high unemployment rate.

The State Secretariat for Economic Affairs (SECO) published on November 1, 2019 its first report on monitoring the implementation of the obligation to advertise available jobs. It shows that the obligation has been applied effectively since its introduction. If the opportunities offered by this priority have not yet been fully exploited, it can be observed that job seekers are increasingly using this right and that the number of advertised positions is increasing sharply.

 

On each January 1, the list is updated according to the latest data collected on unemployment in the various professions. Between October 2018 and September 2019, the reference period which determines the reporting obligation in 2020, the unemployment rate rose on average to 2.3%; a very low level. It is mainly thanks to this currently low unemployment rate that the reporting obligation does not extend to other types of profession, despite the lowering of the threshold value.

Indeed, since January 1, 2020, vacancies whose duration is greater than 14 calendar days must be announced to the ORP (regional placement office) for occupations with an unemployment rate of 5% or more (compared to 8% in 2019) as a national average. As since 2018, 5 days after this publication, the jobs can be posted elsewhere.

In order to simplify the process, the occupational classification has been changed by the National Statistics Office in collaboration with SECO. The NSP 2000 classification is thus replaced by the new CH-ISCO-19 classification, in which the distinction by level of qualification is more precise. These changes impacted the presence of some positions.

 

Exceptional cases

A position does not need to be advertised if it is already assigned:

  • To a person who has been part of the company for at least 6 months (contract signed with the company: does not work for a temporary worker contracted by an employment agency);
  • To a job seeker already registered with a placement office;
  • To the partner or registered spouse of the company representative (the one authorized to sign);
  • To parents, grandparents, children and grandchildren of the company representative.

 

If your need is urgent and you cannot wait 5 working days to fill the position, one solution may consist in hiring a person temporarily for the duration of 14 calendar days while simultaneously publishing the advertisement on job-room.ch

If the job has been advertised properly and on time and that this person is suitable, you can assign the position to them.

Be careful, if the Geneva authorities have long favored the soft route and information rather than repression; it seems that they began to sanction employers who do not fulfill their obligations as from mid-November 2019. For negligent violation, the fine can reach a maximum of CHF 20,000 and for intentional violation it can go up to CHF 40,000.

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