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).

Lawful Grounds for Dismissal

Although a cause is not always required, there are situations where an employer can justify immediate or ordinary termination. These include:

• Employee's Fault: This could be due to a persistent inability or unwillingness to perform duties, breach of contractual obligations such as violating confidentiality or non-compete clauses, or criminal actions that are detrimental to the employment relationship, such as theft or fraud.
• Operational Factors: These include economic necessity that results in downsizing or restructuring.
• Personal Reasons: These could be due to the employee's prolonged illness or incapacity after specific periods.

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.

Notice Requirements

Unless a different period is stipulated in the employment contract or a collective labor agreement (CBA), statutory notice periods exist:

• Probation Period: 7 days
• First Year of Service: 1 month (end of the month)
• 2nd to 9th Year of Service: 2 months (end of the month)
• After 9 Years of Service: 3 months (end of the month)

Notice must be given in writing.

Severance Pay

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.

Additional Considerations

• Restricted Periods: Employees are protected from dismissal during certain periods such as illness, pregnancy, military/civil service, etc.
• Summary Dismissal ("Immediate Termination"): This is reserved for severe breaches of contract. Notice must be given within 2-3 days of becoming aware of the misconduct.

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.

Protected Characteristics

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.

Redress Mechanisms

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.

Employer Responsibilities

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.

Working Hours

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.

Rest Periods and Breaks

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.

Ergonomic Requirements

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.

Employer Obligations

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:

• Risk Assessment and Mitigation: Employers must proactively assess workplace risks and implement measures to control or eliminate them.
• Provision of Safe Equipment and Training: Employers are responsible for providing employees with the necessary personal protective equipment (PPE) and proper training for its use.
• Workplace Design and Maintenance: The design, construction, and maintenance of the workplace must adhere to safety regulations regarding ergonomics, building standards, and fire protection.
• Accident Prevention and Reporting: Employers are obligated to take steps to prevent accidents and occupational diseases. Any work-related accidents or illnesses must be reported to the relevant authorities.

Employee Rights

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:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Right to Information and Training: Employees have the right to be informed about potential hazards in their workplace and receive proper training on safe work practices.
• Right to Refuse Unsafe Work: Employees have the right to refuse work they believe is unsafe or poses a risk to their health.
• Right to Report Concerns: Employees have the right to report any safety or health concerns to their employer or the relevant authorities without fear of retaliation.