Equal Treatment at Work in Switzerland

General Duty of Care and Personality Rights

CO Art. 328 creates a general employer duty to respect and protect employees' personal integrity. This covers: protection from humiliation, harassment, arbitrary treatment, and dignity violations. Courts have extended this to cover discrimination based on personal characteristics (physical appearance, sexual orientation) even where no specific statute applies. Violations of Art. 328 can entitle the employee to: compensation for damages, moral harm, and potentially wrongful dismissal compensation if terminated for related reasons.

Pregnancy and Maternity Protection

Specific protections for pregnant and breastfeeding employees: prohibition of dismissal during pregnancy and 16 weeks after birth (protection period, dismissal is void), prohibition of night work without medical clearance, prohibition of exposure to harmful substances, right to an equivalent day job during pregnancy and breastfeeding (employer must pay 80% of salary if no equivalent role available). Discrimination in hiring based on pregnancy is prohibited under GlG (Equal Pay Act), asking a candidate if they are pregnant in an interview is unlawful.

Sexual Harassment

Sexual harassment is explicitly prohibited under the Equal Pay Act (GlG Art. 4), it constitutes gender-based discrimination. Employer obligation: establish a clear internal complaint process, investigate allegations seriously, protect the complainant from retaliation, and take appropriate action (up to and including dismissal of the harasser). Employer liability: if harassment occurs and the employer failed to take adequate preventive or remedial measures, they are directly liable for the resulting harm. Cantonal equality offices provide free advice.

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Frequently Asked Questions

Can I be dismissed because I am pregnant in Switzerland?

No. Dismissal during pregnancy and for 16 weeks after birth is void (Art. 336c CO). If notice was given before pregnancy was announced, the notice period is extended. A dismissal motivated by pregnancy is also wrongful (GlG Art. 3).

What can I do if I experience sexual harassment at work?

Document every incident (dates, witnesses, communications). Report internally to HR, ombudsman or the line manager above the harasser. If the employer fails to act, file a complaint with the cantonal equality office or bring a GlG claim. Retaliation for reporting is wrongful dismissal.

Is age discrimination illegal in Switzerland?

There is no specific age discrimination statute in private employment. However, dismissal for age alone would likely be wrongful (Art. 336 CO), and systematic age-based exclusion from hiring could violate general personality rights (Art. 328 CO). This area of law is less developed than in the EU.