Humiliating remarks, being sidelined, repeated unjustified criticism: you think you are a victim Harassment at work in Switzerland And don't know where to start? Swiss law protects employees, and there are several ways to do so, from the most discreet to the most formal. Here's how to proceed step by step.
Harassment, mobbing, conflict: what are we talking about?
The mobbing (psychological harassment) refers, according to the jurisprudence of the Federal Tribunal, to a series of hostile words or actions, repeated frequently over a fairly long period of time, in which one or more persons seek to isolate, marginalize, or exclude a person from their workplace. Sexual harassment is defined by the Equality Act (art. 4 LEg): any behavior of a sexual nature or based on sexual affiliation that harms dignity.
One conflict Occasional, even intense, harassment is not harassment. But an unresolved conflict can degenerate: that is why it is necessary to act early.
What the employer must do
The employer has the obligation to protect the personality and health of its employees (Article 328 CO, Article 6 LTr and Article 2 OLT 3). It must prevent harassment, allow victims to approach a neutral person, and intervene when informed. In the case of sexual harassment, it can be fined up to 6 months’ average Swiss salary if it has not taken the necessary measures (Article 5 LEg).
What to do if you are a victim?
1. Note the facts
Keep a diary: dates, exact details, witnesses, emails, messages. These elements are essential, regardless of the outcome.
2. Talk to a trusted person
If your company has designated a trusted person, Contact her. She listens to you in complete confidentiality and presents you with the options, without committing anything without your consent.
3. Inform the employer
If the situation persists, report it in writing to your hierarchy or HR (or to a higher level if the person in question is your manager). The employer will then have to take action.
4. Take care of your health
Consult your doctor if you experience stress, sleep problems or exhaustion. A break from work may be necessary: our article on this topic burn-out at work describes the warning signals.
5. Consider formal channels
Depending on the severity, the employer may open an internal investigation Confide in an impartial third party. You can also contact the cantonal labour inspection office, a trade union or a lawyer.
And what about mediation?
Mediation is not suitable for all situations: in the face of serious and proven harassment, the priority is to protect the victim and stop the incidents. However, for a conflict that has escalated, repeated misunderstandings or a degraded relationship with a colleague, mediation is the best option. corporate mediation It often helps to defuse the situation before it gets out of control.
Employers: Prevent rather than cure
- to designate a trusted person, preferably an external one;
- adopt a charter or regulation against harassment, known to all;
- Training managers to identify and manage tensions: our Conflict management training is designed for that;
- process each report quickly.
Frequently asked questions
Can I resign immediately in the event of harassment?
Immediate termination is only permitted for very serious and justified reasons. Please seek advice before: a hasty resignation can have consequences on unemployment.
Can my employer fire me because I reported harassment?
A dismissal given because you have validly exercised your rights may be abusive (Article 336 of the CO).
To go further: check out our page trusted person in business, We, Internal Investigations and our advice for Managing conflict in a team.