Rights and obligations of employees and employers

Swiss labor legislation sets out the responsibilities and obligations of employers and employees.
Employers are obliged to respect employees’ rights and take the necessary measures to guarantee their protection.
They must also offer fair and equitable working conditions, and provide clear and precise information on tasks, responsibilities, working hours and remuneration.

For their part, employees are required to provide quality work, comply with company rules and take care of the employer’s equipment and property.
They must perform their work conscientiously and be loyal to the company by protecting its business secrets (art. 321a CO).
Employees are entitled to a fair wage, reasonable working hours, paid annual leave and health and pension insurance.

Health and safety at work

Employers and employees in Switzerland attach great importance to health and safety in the workplace.
Workers are entitled to a safe and healthy working environment, and employers must take measures to prevent accidents and occupational illnesses, in accordance with the Swiss Federal Accident Insurance Act (UVG).
Employers must assess the risks to workers’ health and safety, and implement appropriate preventive measures.
They must also organize work and set up facilities in such a way as to reduce risks to workers’ health and well-being (art. 6 al. 2 LTr).
Workers must collaborate with employers to implement these health protection measures and help ensure compliance with safety regulations (art. 6 al. 3 LTr).
Employers are also required to provide personal protective equipment (PPE) for workers exposed to occupational hazards.
Finally, employers must provide clear instructions on emergency procedures in the event of an accident.

Employers are responsible for ensuring that workers are not forced to consume alcohol or other psychoactive substances while at work, unless exceptionally authorized by the Federal Council (art. 6 al. 2bis LTr).
If an employee notices that working conditions present a risk to his or her health or safety, he or she must immediately inform the employer.
If the employer does not take the necessary steps to resolve the situation, the worker has the right to refuse to work until the conditions are corrected.

Vocational training and equal opportunities

Switzerland attaches great importance to vocational training and equal opportunities, governed respectively by the Federal Law on Vocational Training (LFPr) and the Federal Law on Equality between Women and Men (LEg).
Vocational training is seen as a crucial component of education and employment, providing equal opportunities for all.
In Switzerland, the vocational training system is based on a dual approach, where apprentices undergo practical training on the job while attending theoretical courses at a vocational school.
This system also has advantages for employers, enabling them to train qualified employees over the long term.

The law requires all employers to provide vocational training for their employees, according to their abilities and skills.
In addition, employers are required to provide ongoing training to their employees to enable them to maintain and improve their professional skills.

Switzerland considers equal opportunity to be a fundamental right.
According to the LEg, employers must treat men and women equally with regard to hiring, promotion, training and remuneration.
To encourage equal opportunities in the Swiss vocational training system, various measures have been put in place, such as quotas to promote the training of women in traditionally male-dominated fields.
Employers are obliged to comply with legal requirements on equal opportunities, and to put in place policies and procedures to promote equal opportunities within their companies.

Human resources management and disciplinary procedures

In Switzerland, companies attach great importance to human resources management, including the management of disciplinary procedures.
These procedures are put in place to resolve conflicts between employees and the company, and can be triggered in the event of a breach of company rules.
It is essential that employers respect employees’ rights to privacy, fair treatment and protection of personality.

Employers are thus obliged to put in place fair disciplinary procedures to deal with cases of violation of company rules or regulations.
Employees must be given the opportunity to defend themselves against accusations made against them, and disciplinary sanctions must be proportionate to the seriousness of the violation.
It is important that these sanctions are clearly and precisely spelled out, and that employees are informed of their rights and remedies in the event of disciplinary action.

In the event of a professional dispute, it is advisable to consult a lawyer specializing in employment law, in order to benefit from appropriate legal assistance.