The FSIO informed on 15.9.2022 of the entry into force of the social security agreement with Tunisia on 1.10.2022.
The text of the agreement is available at (available in German, French and Italian) https://www.fedlex.admin.ch/eli/fga/2021/2020/de.
Applicability
According to the articles of the agreement, it applies in principle to the nationals of the contracting states (i.e. Swiss nationals and Tunisians respectively) who are or have been subject to the legislation of one of the two contracting states, as well as to their family members and survivors, and to refugees and stateless persons, as well as to their family members and survivors, insofar as these persons reside in the territory of Switzerland or Tunisia.
Postings to Tunisia (or from Tunisia to Switzerland)
Postings in terms of social security law are possible irrespective of nationality. A company in Switzerland can plan a temporary assignment in Tunisia for employees of any nationality and continue to insure them with the OASI/DI (AHV/IV) if the general requirements are met. A maximum posting period of 5 years for dependent activities is allowed. The extent to which compulsory insurance contributions are to be paid in Tunisia must be clarified in detail for the other insurance categories. From Switzerland’s perspective, the employee can also be retained in the area of compulsory accident insurance and, depending on the Pension fund solution, also in this area. If an employee remains insured in Switzerland under the OASI (AHV), it is necessary to remain in the compulsory health insurance.
Partial activity in Tunisia
Likewise, the social security is assessed for all nationalities according to the principle of the place of activity. If, for example, an employee works for two weeks in Tunisia and two weeks in Switzerland on a regular basis, he or she must be insured according to the physical work. As with all agreements, partial postings are not covered.
Supplement: The FSIO has published further interesting information on the agreement in its communication no. 457 to the AHV/OASI compensation funds (not available in English).
Other pending agreements
According to the overview of agreements as at 1.1.2022, it can be found that Albania and Peru will be the next two countries with social security agreements. The agreement with Albania was negotiated and signed on 18.2.2022. In order to enter into force, it must first be approved by the parliaments of the contracting states. At its meeting on 24.8.2022, the Federal Council referred the Dispatch on the approval of the agreement on social security between Switzerland and Albania to the parliament.
The social security agreement with the UK, which has been provisionally applied since 1st November 2021, is expected to enter into force definitively in 2023.
Social security agreements are important not only for the people concerned but also for companies. Therefore, such negotiations are to be welcomed.
Information on various seminars can be found at: https://www.zulaufgmbh.ch/en/events-and-workshops/
