Ordinance
to the Federal Act on the Privileges, Immunities and
Facilities and the Financial Subsidies
granted by Switzerland as a Host State
(Host State Ordinance, HSO)

¹ The fol­low­ing per­sons have fa­cil­it­ated ac­cess to em­ploy­ment in Switzer­land for the dur­a­tion of the func­tion of the prin­cip­al in­di­vidu­al be­ne­fi­ciary if they are en­titled, in ac­cord­ance with Art­icle 20 para­graph 1, to ac­com­pany the prin­cip­al in­di­vidu­al be­ne­fi­ciary and if they are liv­ing in Switzer­land and in the same house­hold as the prin­cip­al in­di­vidu­al be­ne­fi­ciary:

a.

the spouse of the prin­cip­al in­di­vidu­al be­ne­fi­ciary with­in the mean­ing of Art­icle 20 para­graph 1 let­ter a;

b.

the same-sex part­ner of the prin­cip­al in­di­vidu­al be­ne­fi­ciary with­in the mean­ing of Art­icle 20 para­graph 1 let­ter b;

c.

the co­hab­it­ing part­ner of the prin­cip­al in­di­vidu­al be­ne­fi­ciary with­in the mean­ing of Art­icle 20 para­graph 1 let­ter c;

d.

the un­mar­ried chil­dren of the prin­cip­al in­di­vidu­al be­ne­fi­ciary, with­in the mean­ing of Art­icle 20 para­graph 1 let­ter d if they entered Switzer­land as au­thor­ised ac­com­pa­ny­ing per­sons be­fore the age of 21; they are en­titled to fa­cil­it­ated ac­cess to em­ploy­ment un­til the age of 25, after which they must take the ne­ces­sary steps to en­sure that their res­id­ence and em­ploy­ment situ­ations are in ac­cord­ance with the le­gis­la­tion gov­ern­ing the res­id­ence and es­tab­lish­ment of non-na­tion­als;

e.

the un­mar­ried chil­dren of the spouse, same-sex part­ner or co­hab­it­ing part­ner, with­in the mean­ing of Art­icle 20 para­graph 1 let­ter e if they entered Switzer­land as au­thor­ised ac­com­pa­ny­ing per­sons be­fore the age of 21; they are en­titled to fa­cil­it­ated ac­cess to em­ploy­ment un­til the age of 25, after which they must take the ne­ces­sary steps to en­sure that their res­id­ence and em­ploy­ment situ­ations are in ac­cord­ance with the le­gis­la­tion gov­ern­ing the res­id­ence and es­tab­lish­ment of non-na­tion­als.

² To fa­cil­it­ate their ac­cess to em­ploy­ment, the FD­FA shall, on re­quest, is­sue to the per­sons re­ferred to in para­graph 1 a doc­u­ment cer­ti­fy­ing to po­ten­tial em­ploy­ers that the in­di­vidu­al con­cerned is not sub­ject to the quota on for­eign work­ers, or to the prin­ciple of pri­or­ity re­cruit­ment areas, or to la­bour mar­ket reg­u­la­tions (prin­ciple of pri­or­ity pref­er­ence for res­id­ents, and ex ante vet­ting of pay and con­di­tions).

³ Per­sons with­in the scope of para­graph 1 who en­gage in gain­ful activ­ity shall, on sub­mis­sion of a con­tract of em­ploy­ment, an of­fer of em­ploy­ment, or a de­clar­a­tion to the ef­fect that they in­tend to en­gage in a self-em­ployed activ­ity to­geth­er with a de­scrip­tion of that activ­ity, be is­sued by the can­ton­al au­thor­ity con­cerned with a spe­cial res­id­ence per­mit, known as a ‘Ci per­mit’, in place of their le­git­im­a­tion card. A self-em­ployed activ­ity may be car­ried out only after the Ci per­mit-hold­er has been au­thor­ised by the com­pet­ent au­thor­it­ies to carry out the pro­fes­sion or oc­cu­pa­tion in ques­tion.

⁴ Per­sons with­in the scope of para­graph 1 who en­gage in gain­ful activ­ity in Switzer­land are sub­ject to Swiss law in re­la­tion to that activ­ity. In par­tic­u­lar, they en­joy no priv­ileges or im­munit­ies in re­la­tion to that activ­ity.²⁴

⁵ Un­less a so­cial in­sur­ance agree­ment provides oth­er­wise, they are sub­ject to the Swiss le­gis­la­tion on:

a.

old-age, sur­viv­ors‘ and in­valid­ity in­sur­ance;

b.

ac­ci­dent in­sur­ance;

c.

loss of earn­ings com­pens­a­tion;

d.

fam­ily al­low­ances;

e.

un­em­ploy­ment in­sur­ance; and

f.

ma­ter­nity in­sur­ance.²⁵

⁶ In­come from the sec­ond­ary gain­ful activ­ity must be taxed in Switzer­land un­less a bi­lat­er­al double tax­a­tion agree­ment provides oth­er­wise.²⁶

⁷ The FD­FA shall oth­er­wise reg­u­late im­ple­ment­a­tion in con­sulta­tion with the State Sec­ret­ari­at for Mi­gra­tion.²⁷