Explore workers' rights and legal protections in Switzerland
In Switzerland, the principle of "freedom of termination" is in operation, which allows both employers and employees to end an employment relationship without necessarily stating a cause. However, there are certain regulations in place to protect both parties, primarily outlined in the Swiss Code of Obligations (CO).
Although a cause is not always required, there are situations where an employer can justify immediate or ordinary termination. These include:
It's important to note that there is protection against "abusive termination". This includes dismissals based on discriminatory reasons, personality clashes, or the employee exercising their legal rights.
Unless a different period is stipulated in the employment contract or a collective labor agreement (CBA), statutory notice periods exist:
Notice must be given in writing.
There is no legal mandate for severance pay in Switzerland. However, it might be stipulated in employment contracts, collective labor agreements (CBAs), or social plans in case of mass layoffs.
Swiss anti-discrimination laws are rooted in the nation's Federal Constitution, which emphasizes equality before the law and equal rights for men and women. These laws prohibit discrimination based on origin, race, gender, age, language, social position, lifestyle, religious, ideological, or political convictions, or due to a physical, mental, or psychological disability.
Swiss law protects individuals from discrimination based on gender, race, ethnicity, national origin, disability, sexual orientation, gender identity, age, and other characteristics such as social origin, lifestyle, political views, or union activities.
Victims of discrimination in Switzerland have several options for redress. They can file internal complaints with their employer, seek conciliation through cantonal conciliation boards or specialized agencies, file a lawsuit in a civil court, or pursue a criminal complaint under Article 261bis of the Swiss Criminal Code in cases of severe discrimination or hate speech.
Employers in Switzerland are required to prevent discrimination and harassment in the workplace. They must implement a clear anti-discrimination policy, provide regular training to employees and managers, protect the personal integrity and health of their employees, provide reasonable accommodations for employees with disabilities when possible, and promptly and thoroughly investigate any complaints of discrimination.
Swiss labor laws are known for their focus on worker well-being and establishing a healthy work-life balance. They have specific regulations regarding working hours, rest periods, and ergonomic requirements.
Swiss legislation sets the maximum working hours at 45 hours per week for most sectors, including industrial workers, office staff, and technicians. However, for certain occupations, the limit extends to 50 hours. Despite these legal limits, the average Swiss employee works around 41 hours a week. Employers have some scheduling flexibility, but they must adhere to regulations regarding breaks, holidays, and rest days.
Swiss law mandates rest periods throughout the workday to prevent fatigue and ensure employee well-being. The minimum break duration depends on the workday length. It's 15 minutes for a 5.5-hour workday, 30 minutes for a 7-hour workday, and 1 hour for a 9-hour workday.
Swiss regulations promote a work environment that minimizes physical strain and maximizes employee comfort. Employers have a responsibility to provide workstations that are ergonomically designed to reduce the risk of musculoskeletal disorders. This may involve adjustable chairs, proper monitor positioning, and appropriate desk heights. Additionally, adequate lighting and acceptable noise levels should be maintained to prevent eye strain and ensure a distraction-free work environment. Specific details may be outlined within individual employment contracts.
Switzerland places a high priority on the well-being of workers, with a comprehensive framework of health and safety regulations. This framework outlines the obligations of employers, the rights of employees, and the enforcement bodies responsible for upholding these regulations.
Swiss law requires employers to create and maintain a safe and healthy work environment. The two main pieces of legislation governing occupational safety and health (OSH) in Switzerland are the Work Act and the Accident Insurance Act. The Work Act establishes general provisions for work and rest periods, as well as health protection measures at work. The Accident Insurance Act focuses on the prevention of accidents and occupational diseases, and compensation for work-related injuries and illnesses. These Acts are supplemented by five ordinances that provide more specific requirements on working hours and health protection in the workplace.
Key employer obligations under these regulations include:
Employees in Switzerland have a fundamental right to a safe and healthy work environment. This right is enshrined in the Work Act and complemented by the Accident Insurance Act. Key employee rights include:
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