Switzerland amends law to align with EU’s posted worker regulations
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Switzerland is adapting its national law to align it with the latest EU regulations on road freight. Among other changes, a license will be required for companies that use lighter delivery vans across borders for commercial goods transport. National minimum wage requirements for posted workers will also apply in the Switzerland too.
The Swiss Federal Council has submitted a number of legal amendments to international road transport for consultation on Wednesday, 23 February. They are intended to adapt Swiss law to the latest EU regulations.
One of the most important changes will be the mandatory permit for goods transportation with 2.5 ton vehicles. The move is in line with the EU’s Mobility Package next update in May, when delivery vans with a total weight of more than 2.5 tons will require a permit for commercial goods transport if they carry out cross-border operations.
Previously, companies only needed a permit if they used vehicles over 3.5 tons in freight transport.
“This will put delivery vans and hauliers operating lorries on an even footing when it comes to entering the profession,” explains the council.
Switzerland will also take the opportunity to prevent foreign hauliers from opening „letterbox companies” in the country in order to circumvent the ban on cabotage or take advantage of lower social standards for drivers.
In order to guarantee the flow of information between the control authorities of the EU member states and Switzerland, the federal law also needs to be amended.
Administrative assistance should be granted if the authorities of an EU state want to check that a company domiciled in Switzerland is complying with the minimum working conditions in this EU state and require administrative assistance from Switzerland.
When posting an employee from Switzerland to an EU country, the minimum working conditions of the host country must be observed.
There is nonetheless still a long way to go until these amendments enter into force. First comes the consultation period, which is to last until May 31, 2022.