akw said:
Residence permit for an indefinite period with EC annotation long term resident You can apply for permanent residence with a note of the EC long-term resident. This note gives you the same rights as a residence permit for an indefinite period. This also gives you the opportunity to record for a period longer than three months in another EU country with the aim to stay as a temporary residence permit time to obtain. For example if you are in another EU Member State to study or work. You must be out in the EU Member State conditions for obtaining the permit requirements. You can use a regular residence permit for an indefinite term note EC long-term residents apply if you meet the following conditions: * You have a residence permit of indefinite duration on national grounds. * You have in the past five years, not six or more consecutive months, or a total of ten or more months, resided outside the Netherlands.
Your company is breaking the rule by letting you to work in Swissland, on what ground are you working in Swissland or any other CE country ?
Your company need to check the law
_____________________________
Would be great to know what particular law his company is breaking? If possible please quote.
Generally Lisbon treaty clearly established that legal resident of any member state, with an exception of countries who aren't part of Schnengen treaty (UK, Ireland, Bulgaria, Romania), shall have a same rights in any other state in regards of employment, residency and social security as he or she has in the land of residency. It is a matter of tax and social security and labor law, if person wshould register himself in Switserland or keep dutch adress in such cercumstance.
Additionally,according to the same treaty the EU/Schengen company who is providing services to the client in other Eu/Schengen country can bring own personeel without any additional procedure for a duration which is needed for completing the task. Workers salalries and social security contributions are handled in the country of permanent residence in such cases, however if duration of acctual stay exceeds one year, the workers might be subject to the income tax at the country where they perform work duty.
There are many chapters of national legal codes of European countries which directly object this provisions of Lisbon treaty which I have mentioned, however in case of any dispute the law shall be interpreted in favor of Lisbon treaty not national legilation according to the directive of Councel of Europe. EU Member states who are part of the treaty are given a time to adjust the national law to the provisions of the treaty.
If national legislation fails to secure provision of teh treaty in the individual cases, the application to the European court can be filed.
It is possible to provide references, however both Lisbon treaty and the amendements and directives are available at europa.eu