1.2 Priority to Indigenous Labor?
Are asylum seekers part of the «indigenous labor force»? Yes, with the exception of asylum seekers.
The Federal Constitution speaks of «national preference» and intends to set ceilings and quotas for the stay of strangers based on Switzerland's economic interests. [1]Federal constitution, article 121a https://www.fedlex.admin.ch/eli/cc/1999/404/fr#art_121_a, page accessed on July 14, 2025. We also speak of Indigenous labor, which should be prioritized over any application foreigner. Terms and concepts that may cause confusion and lead employers to reject applications from refugees or those with provisional admission. Labeled as «foreigners,» these individuals would not be part of the «indigenous workforce» and could not be hired.
Or, in the eyes of the law, individuals holding a B-refugee permit, an F permit (refugee or for foreign national), or an S permit, are considered part of the Workers in Switzerland and therefore of «indigenous labor.». These individuals, like stateless persons, are not counted in the category of «foreigners» and can be hired in the same way as a Swiss national. «National preference» does not mean «Swiss nationality only,» but rather «local workforce.».
Exception Asylum seekers (permit N) are not considered «workers in Switzerland.» However, if the person subsequently obtains a status (permit B-refugee; permit F or status S), they will also be counted as domestic labor.
«Indigenous preference,» what are we talking about?
What Article 121a of the Constitution says
Article 121a of the Swiss Federal Constitution, which entered into force on February 9, 2014, following the vote on the «Against Mass Immigration» initiative, introduces the concept of quotas for certain sectors of activity, in which case a principle of priority among workers applies.
For business sectors subject to quotas, the law makes a distinction between workers in Switzerland and people who are not already established in Switzerland.
«Already in Switzerland» includes persons of Swiss nationality, so-called «foreigners» with a C, B, or L permit, recognized refugees, those granted temporary admission, or those granted protection (N permits are not included, see below). Among the persons that are not already established in Switzerland, We count foreigners from an EU/EFTA country and those from a third country (outside the EU/EFTA).
A company will first have to explore within the group of people already in Switzerland and on the European market (given the Agreement on the free movement of people) before turning to a candidacy from a third country. This is an «internal,» or «indigenous,» and «European» preference. The Swiss labor market only opens up as a last resort to individuals from third countries (not already residing in Switzerland).
For «restricted» professions, people in Switzerland - for whom asylum seekers are part of (except holders of an N permit) - are «prioritized», along with foreigners from the EU/EFTA, over foreigners from third countries (outside the EU/EFTA and including the United Kingdom).
To hire a foreign national from a third country for a quota-subject position, a company will have to prove that it could not find the same skills (often specialists) among Workers in Switzerland.[2]«A foreigner may only be admitted for the purpose of carrying out gainful employment if it is demonstrated that no worker in Switzerland or national of a state with which there is an agreement... Read more
«N» permits are not concretely subject to the legal principle of quotas, but their work authorization nevertheless depends on the labor market situation, and individuals «already established in Switzerland» have priority. A company can only hire an individual with an «N» permit if it proves that it could not find the required skills among individuals already established in Switzerland. This is often the case in areas with a labor shortage. Concretely, to hire a person with a B refugee permit, an F permit, or an S status, a company does not need to worry about the "quota" principle.
«With the F permit, when I knocked on every door, it was «But you have an F permit, madam, what is that?» Many companies didn't know what an F permit was. At least at the time, I don't really know how the information has spread now. And there's also the public's perception: people are a bit skeptical. They're afraid of those who have the F permit. What is the F permit, why do you have the F permit? And for personal reasons, it's often difficult to explain why you have the F permit.»
Surnitha Tchountie, in training to become a social educator and holder of a B permit since 2024 after several years with an F permit Full testimony: Press Briefing on Migration 06/05/2025 «Provisional Admission (Permit F) and its Contradictions»
Notes
| Up1 | Federal constitution, article 121a https://www.fedlex.admin.ch/eli/cc/1999/404/fr#art_121_a, page accessed on July 14, 2025. |
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| Up2 | «A foreigner may only be admitted to engage in gainful employment if it is demonstrated that no worker in Switzerland or no national of a state with which an agreement on the free movement of persons has been concluded can be found with the required qualifications.», https://www.fedlex.admin.ch/eli/cc/2007/758/fr#art_21, page accessed on July 14, 2025. |