Harassment, tensions with a manager, exhaustion, inappropriate behavior: in Switzerland, every employee must be able to turn to a neutral person when they encounter a difficulty at work. But the Is a trusted person in the company mandatory in Switzerland? ? For which companies and how to set it up? Here’s the gist.
Yes, it is an obligation for all companies
The obligation stems from the protection of workers’ health. Article 6 of the Labour Act (LTr) requires the employer to take all necessary measures to protect the physical and mental health of its employees. Article 2 of Ordinance 3 on the Labour Act (OLT 3) specifies this obligation.
The Federal Court confirmed, in a judgment of May 9, 2012, that the employer must designate a person of trust to whom employees can turn in case of conflict or harm to their personality. The Secretariat of State for the Economy (SECO) also recommends this in its comments to the OLT 3.
The Obligations Code goes in the same direction: the employer must protect and respect the worker’s personality (Article 328 of the CO), and prevent sexual harassment. All companies are affected, including SMEs. Only the form can be adapted to the size of the company.
What risks does a company without trustworthy people face?
- Measures imposed by the labor inspection. In Geneva, the Cantonal Office of Labour Inspection and Relations (OCIRT) monitors the implementation of the labour law. In the event of a violation, it may require corrective measures.
- Increased liability in the event of harassment. In cases of sexual harassment, an employer that has not taken the necessary preventive measures may be ordered to pay compensation amounting to up to six months’ average Swiss salary (Article 5(3) of the Equality Act).
- Hidden costs: Absences, departures, conflicts that escalate, a tarnished employer image.
What is the role of the person of trust?
The trusted person is a neutral and confidential first point of contact. They:
- listen the employee who requests it, without judgment;
- inform him of his rights and possible actions;
- the east towards the right solution: discussion, mediation, reporting to management, external assistance;
- can offer mediation if the persons concerned accept it.
She is not conducting an investigation and is not taking any action. If serious facts are to be established, an internal investigation The task is entrusted to an independent third party who takes over.
Anyone inside or outside the organization?
The law does not impose one or the other. The decisive criterion is the genuine trust of the employees.
- Internal: She is well acquainted with the company, but she remains linked to the hierarchy. Employees often hesitate to confide in a colleague, especially in a small structure.
- External: It is independent of the hierarchy and trained in listening and conflict management. It is the simplest solution for SMEs, and the most credible in the eyes of employees.
In all cases, the designated person must be known to everyone: their name and contact details must be communicated to all staff.
How to implement it in three steps
- Choosing the device (internal, external or mixed) depending on the size and culture of the company.
- Formalize his role in an internal document: mission, confidentiality, contact procedures, link with management.
- Communicate among the employees, then make the system work: regular reminders, an annual anonymous review.
Nego-Mediation offers a service of an external trusted person Turnkey service for companies in Geneva and the Swiss Romandy region.
Frequently asked questions
Is an enterprise with 5 employees affected?
Yes. The obligation to protect mental health applies to all companies subject to the labor law, regardless of their size. An external trusted person is often the most suitable solution for small structures.
Can the person of trust be the HR manager?
It is possible, but not recommended: HR is linked to management and intervenes in disciplinary decisions. Employees may hesitate to confide in them.
What the employee says to the person they trust remains confidential?
Yes. Nothing is transmitted to the employer without the employee’s consent, except in cases of serious and imminent danger.
Make your business compliant
A trusted person protects your employees, and they also protect the company. Contact our team to set up a device that is tailored to your size and activity.
To go further: Discover our service an external trusted person, We, Internal Investigations and our accompaniment in Professional mediation.