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?<\/b> ? For which companies and how to set it up? Here\u2019s the gist.<\/p>\nYes, it is an obligation for all companies<\/b><\/h2>\n
The obligation stems from the protection of workers\u2019 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.<\/p>\n
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.<\/p>\n
The Obligations Code goes in the same direction: the employer must protect and respect the worker\u2019s 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.<\/p>\n
The trusted person is a neutral and confidential first point of contact. They:<\/p>\n
She is not conducting an investigation and is not taking any action. If serious facts are to be established, an internal investigation<\/a> The task is entrusted to an independent third party who takes over.<\/p>\n The law does not impose one or the other. The decisive criterion is the genuine trust of the employees.<\/p>\n In all cases, the designated person must be known to everyone: their name and contact details must be communicated to all staff.<\/p>\n Nego-Mediation offers a service of an external trusted person<\/a> Turnkey service for companies in Geneva and the Swiss Romandy region.<\/p>\n 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.<\/p>\n It is possible, but not recommended: HR is linked to management and intervenes in disciplinary decisions. Employees may hesitate to confide in them.<\/p>\n Yes. Nothing is transmitted to the employer without the employee\u2019s consent, except in cases of serious and imminent danger.<\/p>\n A trusted person protects your employees, and they also protect the company. Contact our team<\/a> to set up a device that is tailored to your size and activity.<\/p>\n To go further:<\/strong> Discover our service an external trusted person<\/a>, We, Internal Investigations<\/a> and our accompaniment in Professional mediation<\/a>.<\/p>","protected":false},"excerpt":{"rendered":" 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 is the person of trust in the company mandatory in Switzerland? For which companies and how to set it up? Here is the essential information. Yes, it is an obligation for all companies. The obligation stems from the protection of the health of workers. Article 6 of the Labor Act (LTr) requires the employer to take all necessary measures to protect the physical and psychological health of its employees. Article 2 of Ordinance 3 on the Labor Act (OLT 3) specifies this obligation. The Federal Court confirmed, in a judgment of May 9, 2012, that the employer must appoint 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 on the OLT 3. The Obligations Code goes in the same direction: the employer must protect and respect the personality of the worker (art. 328 CO), and prevent sexual harassment. All companies are affected, including SMEs. Only the form can be adapted to the size of the company. What does a company risk without a person of trust? Measures imposed by the labor inspectorate. In Geneva, the Cantonal Office of Inspection and Labor Relations (OCIRT) monitors the implementation of the labor law. In the event of a violation, it may require corrective measures. Increased liability in cases of sexual harassment. In the case of sexual harassment, the employer who has not taken the necessary preventive measures may be ordered to pay compensation that may amount to up to six months\u2019 average Swiss salary (art. 5, para. 3 of the Equality Act). Hidden costs: absences, departures, escalating conflicts, a tarnished employer image. What is the role of the person of trust? The person of trust is a neutral and confidential first point of contact. He\/she: listens to the employee who approaches him\/her without judgment; informs him\/her of his\/her rights and the possible steps; guides him\/her towards the right solution: discussion, mediation, reporting to management, external assistance; may propose mediation if the concerned parties agree. He\/she does not conduct an investigation and does not take any sanctions. If serious facts need to be established, an internal investigation entrusted to an independent third party takes over. Internal or external person of trust? The law does not require either. The decisive criterion is the real trust of employees. Internal: he\/she knows the company well, but 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 Choose the device (internal, external or a combination) based on the size and culture of the company. Formalize its role in an internal document: mission, confidentiality, contact procedures, link with management. Communicate with employees, then make the device live: regular reminders, an annual anonymous review. N\u00e9go-M\u00e9dia offers a key outsourced trusted person service for companies in Geneva and the Swiss Romandy. 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 trusted person be the HR manager? This is possible, but not recommended: HR is tied to management and intervenes in disciplinary decisions. Employees may hesitate to confide in them. What the employee says to the trusted person remains confidential? Yes. Nothing is transmitted to the employer without the employee\u2019s consent, except in case of serious and imminent danger. Bringing your company into compliance A trusted person protects your employees, and it also protects the company. Contact our team to implement a compliant system tailored to your size and activity. To go further: discover our service of external trusted advisors, our internal surveys and our support in professional mediation.<\/p>","protected":false},"author":3,"featured_media":985,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-3523","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-actualites"],"_links":{"self":[{"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/posts\/3523","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/comments?post=3523"}],"version-history":[{"count":1,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/posts\/3523\/revisions"}],"predecessor-version":[{"id":3527,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/posts\/3523\/revisions\/3527"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/media\/985"}],"wp:attachment":[{"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/media?parent=3523"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/categories?post=3523"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/tags?post=3523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Anyone inside or outside the organization?<\/b><\/h2>\n
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How to implement it in three steps<\/b><\/h2>\n
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Frequently asked questions<\/b><\/h2>\n
Is an enterprise with 5 employees affected?<\/h3>\n
Can the person of trust be the HR manager?<\/h3>\n
What the employee says to the person they trust remains confidential?<\/h3>\n
Make your business compliant<\/b><\/h2>\n