Submission to alleviate the shortage of skilled workers back to the sender
Published: Tuesday, Dec 19th 2023, 09:10
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A revision of the Foreign Nationals Act designed by the Federal Council to alleviate the shortage of skilled workers has failed for the time being. After the Council of States, the National Council also referred it back to the national government for revision on Tuesday.
The Grand Chamber tacitly approved the corresponding proposal by its preliminary advisory State Policy Committee (SPK-N). The Council of States had decided to reject the proposal in mid-September.
The majority of the SPK-N expected the rejection to allow the Federal Council to make changes at ordinance level in line with the bill, said its spokesperson Andri Silberschmidt (FDP/ZH). Federal Councillor Elisabeth Baume-Schneider said that the federal government would see what it could do at ordinance level. The Federal Council also believes that there is a need for action.
Exemption from third country quota
The proposal presented a year ago envisaged that foreign skilled workers with a Swiss qualification at higher education level should be able to work in Switzerland after completing their training - even if they do not come from the EU or EFTA area.
Persons in areas with a proven shortage of skilled workers should benefit from an exemption in the third-country quota if their employment is "of high scientific or economic interest".
The Federal Council wrote that it was about people with a Swiss education who are generally already well integrated into Swiss society. There was talk of a few hundred people per year who could benefit from the exception.
The bill is based on a motion by Marcel Dobler (FDP/SG). He argued that if Switzerland trains expensive specialists, they should also be able to work here.
According to the National Council, the exemptions should also apply to graduates of courses at all tertiary levels. This means people with a federal certificate, federal diplomas and degrees from higher technical colleges such as a hotel management school. Post-doctoral students should also be included.
Councillors said yes in spring
In June of this year, the Council of States and, in March, the National Council had already voted in favor of the bill. At the time, a majority of both chambers were of the opinion that a new exception to a provision in the Federal Constitution was permissible.
It concerns the provision that the number of permits for foreign nationals to stay in Switzerland is limited by annual maximum numbers and quotas. The State Policy Committee of the Council of States (SPK-S) said from the outset that a new exception was not possible.
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