Unauthorised Employee Leasing

Temporary work represents a practical means for employers in Switzerland to engage staff for a limited period without significant obligations. However, employee leasing that contravenes the Labour Placement Act (AVG) is subject to criminal penalties. Employment agencies that operate by unfair means harm not only other providers but also the social security authorities in Switzerland.

Our knowledgeable detectives in Zurich and across Switzerland provide legally admissible evidence of non-compliant employment placements: +41 44 552 2264.

Unfair Competition and Evasion of Mandatory Contributions

In the Swiss Confederation, the AVG regulates the provision of labour. Providers who violate the AVG face substantial fines, and possibly the revocation of their licence. Nevertheless, some providers are undeterred and seek to gain an unfair advantage over competing companies through dishonest business practices. Like any service provider, employment agencies aim to offer their clients (i.e., companies) the best possible deal. However, if a competitor’s offer contains conspicuously low rates, legitimate doubts about their integrity are warranted. It is possible that the provider fails to pay the required contributions for temporary workers, does not adhere to the wages negotiated in collective labour agreements (GAV) between companies and trade unions, or charges companies higher hourly wages or more working hours than are actually paid to or performed by the employees. In this way, the provider can exploit competitors and consequently generate more contracts.

If you suspect a competitor of gaining an advantage through improper methods, you can confidently turn to our professional commercial detectives in Switzerland. Use our contact form or call us for a non-binding consultation regarding your concerns.

Swiss Social Detectives Investigate Illegal Placement Activities

Some employment agencies fail to register their business, thereby evading taxes, social contributions, and other operational costs. Companies naturally welcome the resulting lower-cost offers—often unaware of the illegality—and many temporary workers are equally attracted by untaxed earnings. Other competitive and criminal offences involve document forgery: company formation documents, payroll statements, references, and other placement-related papers are falsified to create an apparent reputation. The entrepreneur seeking staff is misled about the identity and reliability of their business partner, potentially putting themselves at serious risk, as they may be held liable if they knowingly or unknowingly engage undeclared workers and thus evade legally required contributions.

Financial, cantonal, and municipal authorities are often understaffed and lack the time to sufficiently pursue suspected cases. Our Swiss social detectives act on behalf of these authorities, investigating potential breaches of competition and criminal law. Should it be discovered that a provider employs unlawful methods in the placement of temporary workers, we document the proceedings in a legally admissible manner. Obtain case-specific advice from our experienced detectives. You are welcome to send an email to kontakt@kurtz-detektei-schweiz.ch or call us at +41 44 552 2264.