Employee and employer rights and obligations

Swiss labor law sets out the rights and obligations of employers and employees. The employer must respect the employee’s rights and take all necessary measures to ensure the protection of the employee’s personality. Employers must provide employees with fair and equitable working conditions. The employer is also required to provide clear and comprehensive information to the employee on the tasks and responsibilities assigned to him/her. This information must also include working hours and remuneration.

Employees, for their part, have an obligation to provide quality work, respect company rules and take care of the employer’s equipment and property. They must perform their work with care and be loyal to the company. In particular, they must protect the company’s business secrets (art. 321a CO). Employees are entitled to a fair wage, reasonable working hours, annual vacation, health and old-age insurance.

Health and safety at work

Protecting health and safety at work is a major concern for employers and employees in Switzerland. Workers are entitled to a safe and healthy working environment, and employers are obliged to implement measures to prevent accidents and occupational illnesses. Indeed, the Federal Law on Accident Insurance (LAA) requires employers to take all necessary measures to ensure the safety of employees in the workplace.

Employers must assess health and safety risks and implement appropriate preventive measures. In particular, they must set up their facilities and regulate the organization of work in such a way as to avoid, as far as possible, risks to workers’ health and overwork (art. 6 al. 2 LTr). They are required to provide personal protective equipment (PPE) for employees exposed to occupational hazards, such as construction or industrial workers. Workers must cooperate with the employer in implementing health protection measures. They are obliged to assist the employer in complying with health protection regulations (art. 6 para. 3 LTr). Finally, employers must provide clear instructions on emergency procedures in the event of an accident.

Employers must also ensure that workers are not obliged to consume alcoholic beverages or other psychotropic substances in the course of their work, unless the Federal Council decides otherwise (art. 6 al. 2bis LTr).

If the employee finds that working conditions are unsafe, he or she must inform the employer immediately. If the employer does not take the necessary steps to correct the situation, the employee may refuse to work until the conditions are corrected.

Vocational training and equal opportunities

Vocational training and equal opportunities are also important concerns in Switzerland. These areas are governed by the Federal Law on Vocational Training (LFPr) and the Federal Law on Equality between Women and Men (LEg). Vocational training is considered an important pillar of education and employment, and is often seen as a key element of equal opportunity. Vocational training in Switzerland is organized according to a dual system, where apprentices undergo practical training in a company while attending theoretical courses at a vocational school. Switzerland’s vocational training system offers advantages for companies, which can train their own employees and thus ensure the long-term quality of their workforce.

All employers are required to provide vocational training for their employees, according to their abilities and skills. Employers are also required to provide ongoing training to their employees to enable them to maintain and improve their skills.

Equal opportunity is also 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 equal opportunities in the Swiss vocational training system, various measures have been put in place, including quotas to encourage the training of women in traditionally male-dominated fields.

Employers are obliged to comply with legal requirements on equal opportunities and treatment. It is also their duty to put in place policies and procedures to promote equal opportunities within their company.

Human resources management and disciplinary procedures

In Switzerland, human resources management is an important area for companies, and includes the management of disciplinary procedures. Disciplinary procedures are aimed at resolving conflicts between employees and the company, and can be triggered by a breach or violation of company rules. Employers are required to respect employees’ rights to protection of personality, fair treatment and privacy.

Employers are also required to put in place disciplinary procedures to deal with breaches of company rules or regulations. Disciplinary procedures must be fair and equitable, and employees must be given the opportunity to defend themselves against the charges brought against them.

Disciplinary sanctions must be proportionate to the seriousness of the violation and must be clearly and precisely stated. Employees must also be informed of their rights and remedies in the event of disciplinary sanctions.

In the event of professional disputes, it is advisable to consult a lawyer specializing in employment law for appropriate legal assistance.