Swiss labor law sets out the rights and obligations of both employers and employees. Employers must respect employees’ rights and take all necessary measures to protect their personal integrity. They are also required to provide fair and equitable working conditions, along with clear and complete information about assigned tasks, responsibilities, working hours, and remuneration.
Employees, on their part, must perform their work with care, adhere to company rules, and take care of the employer’s equipment and property. They are required to work diligently and remain loyal to the company, which includes protecting trade secrets (Art. 321a CO). Employees are entitled to fair wages, reasonable working hours, annual leave, health insurance, and pension plans.
Health and safety at work
Health and safety at work are major concerns for both employers and employees in Switzerland. Workers have the right to a safe and healthy work environment. Employers must implement measures to prevent workplace accidents and occupational diseases, as mandated by the Federal Accident Insurance Act (LAA). This includes assessing health and safety risks and adopting appropriate preventive measures, such as organizing work in ways that minimize health risks and worker fatigue (Art. 6 para. 2 LTr). Employers must provide personal protective equipment (PPE) for employees exposed to occupational hazards, like those in construction or industrial jobs.
Employees must cooperate with employers to implement health protection measures and help ensure compliance with health protection regulations (Art. 6 para. 3 LTr). Employers must also provide clear instructions on emergency procedures in case of an accident and ensure that employees are not compelled to consume alcohol or other psychotropic substances at work, except under specific conditions defined by the Federal Council (Art. 6 para. 2bis LTr). If employees find working conditions dangerous, they must inform the employer immediately. If the employer does not address the issue, employees can refuse to work until the conditions are corrected.
Professional training and equal opportunities
Professional training and equal opportunities are important aspects of Swiss labor law, governed by the Federal Act on Vocational and Professional Education and Training (LFPr) and the Federal Act on Gender Equality (LEg). Vocational training is a cornerstone of education and employment in Switzerland and is crucial for ensuring equal opportunities. The dual education system allows apprentices to receive practical training in companies while attending theoretical courses at vocational schools. This system benefits companies by enabling them to train employees to meet long-term quality standards.
Employers must provide vocational training to employees according to their abilities and skills, and also offer continuous training to help employees maintain and improve their competencies. Equal opportunities are a fundamental right in Switzerland. The LEg requires employers to treat men and women equally in terms of hiring, promotion, training, and remuneration. To promote gender equality in vocational training, measures such as quotas have been introduced to encourage women to enter traditionally male-dominated fields. Employers must comply with legal requirements for equal treatment and implement policies and procedures to promote equality within their organizations.
Human resources management and disciplinary procedures
Human resources management is a vital area for companies in Switzerland and includes managing disciplinary procedures. These procedures aim to resolve conflicts between employees and the company and may be triggered by infractions or violations of company rules. Employers must respect employees’ rights regarding personal integrity, fair treatment, and privacy. They must establish fair and equitable disciplinary procedures, giving employees the opportunity to defend themselves against accusations. Disciplinary actions should be proportional to the severity of the violation and clearly and precisely stated. Employees must also be informed of their rights and recourse options in case of disciplinary action.
In case of workplace disputes, it is recommended to consult a labor law attorney for tailored legal assistance. This ensures that both parties’ rights and interests are adequately protected, especially given the necessity of adhering to specific deadlines and legal requirements.
