Source: Dispatch on the Approval of Bilateral III, Chapter 2.3 (pp. 349--429)
PDF Link | Federal Gazette 2025-0749
The FMPA update requires extensive amendments to national legislation: 3 new federal acts, 15 substantive amendments and 21 formal adjustments to existing enactments. In total, the legislative amendments cover approximately 170 pages of the dispatch.
| Category | Number |
|---|---|
| New federal acts | 3 |
| Substantive amendments | 15 |
| Formal adjustments | 21 |
| Page count in dispatch | approx. 170 |
The FNIA undergoes the most extensive amendments:
| Provision | Subject |
|---|---|
| Art. 21b D-FNIA | Safeguard clause -- autonomous activation by Federal Council |
| Art. 41d D-FNIA | Permanent residence right -- 5 years, employment-oriented |
| Notification procedure | Retention and adaptation to new advance notification period |
| Termination of residence | Expanded competences in case of social welfare dependency |
| Family reunification | Extension to life partners, relatives requiring care |
The Posted Workers Act is substantially revised:
| Amendment | Detail |
|---|---|
| Advance notification period | From 8 calendar days to 4 working days |
| Security deposit | Limited to repeat offences |
| Documentation | Employment contracts, pay slips to be kept available |
| Service ban | In case of serious or repeated violations |
| Control competences | Expanded, digital instruments |
| Sanctions | Strengthened for wage dumping |
Amendments to procurement law:
| Amendment | Detail |
|---|---|
| CLA certificates | As proof of compliance with working conditions |
| Exclusion | Missing certificate may lead to exclusion |
| Construction sector | Special regulations for construction tenders |
| KBOB recommendations | Enshrined in law |
Facilitation of extension of collective labour agreements:
| Amendment | Detail |
|---|---|
| Special majority | For renewal of existing extension |
| Outsider protection | Improved legal protection for non-participating employers |
| Flexibilisation | Facilitation of the procedure overall |
Amendments to employment contract law:
| Amendment | Detail |
|---|---|
| Art. 327a CO | Expenses regulation for posted workers |
| Dismissal protection | For employee representatives in companies with 50+ persons |
| Compensation | Up to 10 months' salary for unjustified dismissal |
| Hearing | Max. 2 months before dismissal |
Amendments in occupational pension provision:
| Act | Amendment |
|---|---|
| VFPA (Vested Benefits Act) | Coordination with EU social security system |
| CC | Adjustments for cross-border pension cases |
| OPP3 | Technical adjustments for pillar 3 |
Amendments for tuition fee equal treatment:
| Act | Amendment |
|---|---|
| ETH Act | Equal treatment obligation for tuition fees |
| HEdA | Coordination with cantons, compensatory funding |
The FMPA update requires three new federal acts:
| New Act | Subject |
|---|---|
| State Aid Supervision Act (D-SASA) | Implementation of state aid supervision |
| Federal Act on Compensatory Measures | Safeguard clause implementation |
| Federal Act on Compensatory Funding | Tuition fee compensation |
Various transitional periods apply to the legislative amendments:
| Area | Transitional Period |
|---|---|
| FNIA amendments | From entry into force of AP-FMPA |
| PWA revision | From entry into force of AP-FMPA |
| Tuition fees | 4 years compensatory funding by Confederation |
| Biometric ID | 1 year after entry into force |
| State aid supervision | Phased introduction |
| Topic | Key Message |
|---|---|
| Scope | 3 new acts + 15 substantive + 21 formal amendments |
| FNIA | Safeguard clause, permanent residence, notification procedure |
| PWA | Advance notification, deposit, ban, controls |
| PPA | CLA certificates in public procurement |
| ECLA Act | Facilitation of extension, special majority |
| CO | Dismissal protection, 10 months' salary, expenses |
| Pensions | VFPA/CC/OPP3 adapted for portability |
| Higher education | ETH Act and HEdA for tuition fees |