Frequently asked questions
Frequently asked questions by theme
Termination
What conditions must be adhered to when you terminate a contract?
Please see the practical case sheet.
Illegal employment
How can an employee in an illegal situation be brought into compliance with the law?
You must apply to the appropriate authority, the Office cantonal de la population et des migrations, Route de Chancy 88, 1213 Onex.
The application must always be presented by the employer.
Can affiliation with Chèque service regularize the situation of employees who are illegal immigrants?
No. Chèque service enables you to declare employees to mandatory social security. However, Chèque service issues neither residence permits nor working permits, which fall under the exclusive competence of the Cantonal Office of Population.
Can I declare an undocumented person to Chèque service?
Yes. As an employer, you are legally obliged to declare your employee to social security regardless of their status.
Can a person in an illegal situation affiliated with Chèque service receive unemployment insurance benefits?
No. Unemployment insurance benefits are reserved for people said to be “employable”, which is not the case for people without residence permits or working permits.
What risks does an employer of personnel in an illegal situation face?
The employment of people in an illegal situation is punishable by both the Illegal employment Act (LTN) and the Foreign Nationals Act (LEtr). The employer therefore risks sanctions if the clandestine nature of their employee is discovered, for example, during an identity check.
Opération Papyrus: what assistance can Chèque service provide?
Chèque service can issue a duplicate of the 2016 annual salary certificate (certificat de salaire) and a 2017 salary statement (attestation de salaire). Please order a personal AVS account statement (extrait de compte individuel AVS) as proof of AVS contributions (Swiss Social Security). This document lists all of the requester's revenue for the periods in which contributions were made by all of their employers. This document is an essential part of compiling your file.
You can click here to ask for your personal AVS account statement.
It is important that the employee's request is made by means of an association or a union. You will find a list of them on page 6 of the pamphlet published by the State of Geneva. You can click here to see the pamphlet.
Does Chèque service denounce people in an illegal situation?
No. Chèque service is run by a private organization, bound to maintain the confidentiality of the data communicated by its adherents. Consequently, Chèque service only transmits wages information to the Cantonal Compensation Fund Office (CCGC) for the recording and payment of contributions to employees’ individual accounts.
However, it must be made clear that Chèque service by no means endorses illegal employment. It is, in particular, illegal to employ an illegal worker and this offence may result in sanctions from the appropriate authority in the employer’s region.
The responsibility of taking on a person for the benefit of a valid permit or of applying for a permit lies with the employer.
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