TN 17 (06-97)

RS 02001.165 Detached Worker Rule Under the U.S. - Swiss Agreement

A. DEFINITION

A detached worker is an employee who is sent by his or her employer in one country to work temporarily in the other country for the same employer or an affiliate of that employer.

B. POLICY

Under the agreement, a detached worker remains subject only to the Social Security laws of the country from which he or she was sent providedall of the following conditions are met.

  • The period of employment in the host country is expected to last no more than 5 years.

  • The employment relationship existed before the employee is transferred from the home country.

  • If an employee is sent by an American employer to become an employee of the company's affiliate in Switzerland, the American employer must have entered into an agreement under section 3121(l) of the Internal Revenue Code to provide Social Security coverage for U.S. citizens and U.S. residents employed by the affiliate.

    NOTE: In such cases, the employer must obtain a certificate of coverage from SSA to establish the exemption from Swiss Social Security taxes.

The detached worker rule may apply even if the employee has not been sent directly from one country to the other but is first assigned to work in a third country.

C. REFERENCES


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0302001165
RS 02001.165 - Detached Worker Rule Under the U.S. - Swiss Agreement - 06/14/2004
Batch run: 01/27/2009
Rev:06/14/2004