{"id":22345,"date":"2020-03-27T09:22:17","date_gmt":"2020-03-27T08:22:17","guid":{"rendered":"https:\/\/quitt.ch\/?p=22345"},"modified":"2024-04-17T09:34:58","modified_gmt":"2024-04-17T07:34:58","slug":"sans-papiers","status":"publish","type":"post","link":"https:\/\/quitt.ch\/en\/sans-papiers\/","title":{"rendered":"Can I register my sans-papiers domestic helper for the Swiss social security system?"},"content":{"rendered":"\n

Sans-papiers (undocumented migrants) are people who are residing illegally in Switzerland according to the law.  This means that they do not have a regular residence status. Four out of five sans-papiers work, more than half of them in private households: as cleaners, elderly care or au pairs. quitt provides answers to important questions about sans-papiers.<\/strong><\/p>\n\n\n\n

<\/div>\n\n\n\n

Why do private households hire sans-papiers?<\/h2>\n\n\n\n

A study by the University of Applied Sciences Northwestern Switzerland has investigated why families hire sans-papiers as domestic workers. For this purpose, annual telephone interviews were conducted with a random sample. Most families justify their recruitment on the grounds of a better work-life balance. In addition, an external help avoids discussions in the partnership. <\/p>\n\n\n\n

The study has found that families are not picky when hiring a private domestic worker. It is mainly the circle of acquaintances who is asked for recommendations. For specifically hiring illegal migrants the study could not find any motives, such as low wage costs, high flexibility or helping immigrants. Rather, the study found that the employers usually “get into the employment of an sans-papiers domestic worker completely unprepared”. <\/p>\n\n\n\n

<\/div>\n\n\n\n

Sans-Papiers convince with high work ethic<\/h3>\n\n\n\n

With a high work ethic and the desire for a long-term commitment, many sans-papiers do a good job. After the employer learns about the irregular residence status of the household help, they want them to stay. Then the moral pressure to act according to the law is less strong than the wish to keep the sans-papiers employed.<\/p>\n\n\n\n

Table 1 from the final report “Sans Papers in Switzerland 2015” by the Universit\u00e9 de Gen\u00e8ve, Swiss Forum for Migration and Population Studies and B,S,S. commissioned by the SEM:<\/em><\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

\u25a0<\/strong> Private household 53%  \u25a0 <\/strong>Construction industry 18%  \u25a0<\/strong> Host 16%  \u25a0<\/strong> Other 8%  \u25a0<\/strong> Agriculture 5%<\/p>\n\n\n\n

<\/div>\n\n\n\n

Can the social contributions, like the \u00abAHV\u00bb, be accounted for sans-papiers?<\/h2>\n\n\n\n

Yes<\/span>, working illegal migrants can be insured and pay social security contributions.<\/p>\n\n\n\n

Many employers consciously or unconsciously hire sans-papiers. Some of these employers also register their employee with the relevant social insurance institution. This registration (attention: registration <\/em>is not equal to employment<\/em>, see next title) is basically without risk for the person staying illegally in Switzerland. Due to data protection laws, neither the Social Security Office, nor the insurance and tax authorities are allowed to hand out any data to the Migration Office. Also, if an employer hires an illegal migrant via quitt, this entails no risk for the employee.<\/p>\n\n\n\n

<\/div>\n\n\n\n

Sans-Papiers can draw AHV pensions <\/h3>\n\n\n\n

By registering for social security deductions, the sans-papiers has left open the possibility that if her residence status is legalized, she will also receive an AHV pension in Switzerland when she retires. The same applies, for example, if a person later resides legally in a country with which Switzerland has concluded a bilateral or multilateral social security agreement. The money paid in is therefore not lost. <\/p>\n\n\n\n

<\/div>\n\n\n\n

High costs loom without mandatory accident insurance<\/h3>\n\n\n\n

Because illegal migrants usually work without paying social security contributions, they are often not entitled to social security benefits in an old age. They are exposed to the risk of being paid dumping wages. In addition, without accident insurance they bear another major risk. If an accident has happened, there is a high probability that they will be left with medical expenses, which will make it even more impossible for them to have a regular future.<\/p>\n\n\n\n

Table 2 from the final report “Sans Papers in Switzerland 2015” by the Universit\u00e9 de Gen\u00e8ve, Swiss Forum for Migration and Population Studies and B,S,S. commissioned by the SEM:<\/em><\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

\u25a0<\/strong> Latin Switzerland 49%  \u25a0<\/strong> Urban cantons 27%  \u25a0<\/strong> German-speaking Switzerland 19<\/span>%  \u25a0<\/strong> Tourism cantons 5%<\/span><\/p>\n\n\n\n

<\/div>\n\n\n\n