Workplace Bullying (Mobbing) in Switzerland

Legal Framework

Swiss law does not have a specific anti-bullying statute. Protection derives from: CO Art. 328 (employer's duty of care, must protect employees' personal integrity), Equal Pay Act (GlG, for harassment linked to gender), Unfair Competition Act, and general tort law (CO Art. 49 for personality rights). The employer has a positive duty to prevent and stop bullying, inaction can trigger liability for damages and moral harm.

Documenting and Reporting

Documentation is critical: keep a dated log of every incident (who, what, where, when, witnesses), save e-mails and messages, note any medical consultations. Internal reporting: use the company's confidential reporting channel, HR, or ombudsman. External: cantonal labour inspectorates, SECO, or file a civil claim. Whistleblowing protections apply: the employer cannot retaliate for a good-faith internal report. If health is affected (stress, burnout, depression), obtain a medical certificate promptly, this triggers sick leave protection.

Legal Remedies

Remedies available: civil claim for damages under CO Art. 328 + 49 (material loss, moral harm, psychological treatment costs), claim for wrongful dismissal compensation if fired for reporting (up to 6 months' salary), and labour inspectorate investigation which can impose measures on the employer. Cantonal conciliation tribunals (Schlichtungsbehörde) are free and mandatory before a court claim. Free advice: cantonal equality offices, trade unions, cantonal labour inspectorates.

Context on the Swiss job market helps frame any career decision in Switzerland. Our gross-to-net salary guide shows what Swiss gross salaries look like after AVS, LPP and tax deductions. The salary negotiation guide covers how to use market data in offer discussions and which arguments work with Swiss recruiters. Our guide to working in Switzerland as a foreigner covers entry conditions, permit categories and practical relocation steps. The work permit guide explains B, C, G and L permit categories and processing timelines. For cross-sector salary benchmarks, the Switzerland salary guide covers all major roles and cities.

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Frequently Asked Questions

Is workplace bullying illegal in Switzerland?

There is no specific bullying crime, but it violates the employer's duty of care (CO 328) and personality rights. Victims can claim damages and moral compensation in civil court. If linked to gender, the Equal Pay Act applies.

Can I be dismissed for reporting bullying?

Dismissal for making a good-faith internal or external bullying complaint would constitute wrongful dismissal (Art. 336 CO), entitling the employee to up to 6 months' salary compensation.

What is the employer's duty when bullying is reported?

The employer must investigate and take appropriate measures to stop the bullying (CO Art. 328). Failure to act makes them liable for the resulting harm. Adequate measures might include mediation, transfer, training, or in serious cases, dismissal of the perpetrator.

Can workplace bullying lead to constructive dismissal in Switzerland?

Yes. If the employer is notified of bullying and fails to take adequate measures, and the working conditions become objectively intolerable as a result, the employee may terminate immediately without notice under CO Art. 337 (immediate dismissal for good cause). This is known as constructive dismissal. The employee can then claim damages equivalent to what they would have earned during the statutory notice period, plus compensation for moral harm. The burden of proof rests on the employee: document every incident, every report made to HR, and the absence of adequate employer response.

What is the 13th month salary in Switzerland?

The 13th month salary in Switzerland refers to an additional monthly salary paid once a year, typically in December. It is included in annual salary benchmarks as standard: when a Swiss employer quotes CHF 120,000 per year, this normally means 13 monthly payments of approximately CHF 9,231 each, not 12 payments of CHF 10,000. The 13th month is governed by the employment contract or collective agreement (GAV), not by statute. It is subject to social contributions (AHV/ALV) and income tax. Always clarify with a prospective employer whether a quoted annual figure includes or excludes the 13th month.