Every employee is in principle entitled to get unlimited access to all data that has been collected in his or her regard. In case of a violation of the covenant, the employer can ask for financial compensation for the loss suffered. In this seminar, you acquire the basics of Swiss employment law jurisdiction: The objective of this interactive training is to enhance sensitivity of international HR Professionals and Line Managers to the cultural and legal different ways of dealing with Labour Law issues in Switzerland. Does bargaining usually take place at company or industry level? However, employees are only protected against discrimination by employers if such discrimination resulted in a violation of their rights of personality. Employers must grant time-off to fathers with a new child, but this is limited to a couple of days. Some collective agreements were declared mandatory for the entire industry by the government. Are there provisions governing minimum and average wages? The right of access is exercised in writing, and is free of charge. The compensation is presently (2019) capped at CHF196 per day. 2.5 In what circumstances will a works council have co-determination rights, so that an employer is unable to proceed until it has obtained works council agreement to proposals? Whilst employees are all treated alike, certain rules will only protect specific categories of employees (e.g., pregnant women, etc.). A fifth of the workforce (or 100 employees) can ask for a vote; if the majority of the voting employees support the request, elections have to take place.
There is no unlawful discrimination if employers are able to establish that the unequal treatment does not result in the violation of the employee’s right of personality, i.e., that there are valid reasons to treat one individual employee differently or rather that some employees are treated better than others (and not that individual employees are discriminated against), or that the different treatment is so minor that it does not result in a violation of the rights of personality. If measures that might affect employees are considered (e.g., dismissals and change of terms and conditions of employment agreements), a consultation is required.
The regulation of the employment by private employers is largely harmonized at the federal level, while public-sector employment still prevails a variety of cantonal laws. Precedents suggest that a strike should be considered as an action of last resort. In what circumstances is an employee treated as being dismissed? If there is no foreign legislation that can guarantee an appropriate protection, employee data may only be transferred abroad under certain circumstances, for example, after the employee has given his or her consent or if the disclosure takes place within the same legal entity or company, or between legal entities or companies of a corporate group, provided that the entities and companies concerned have committed themselves to certain minimal data protection rules. Employees can object to the transfer.
However, this may for instance hold true for ideological enterprises (“Tendenzbetriebe”).
What are the remedies for a successful claim? 6.10 How do employees enforce their rights in relation to mass dismissals and what are the consequences if an employer fails to comply with its obligations? An abusive dismissal will be effective, but the employee will be entitled to compensation (see below, question 6.5). How many holidays are students and employees entitled to? The 26 cantons are responsible for organising the court system. Collective bargaining agreements will usually restrict the right to strike. The employer may handle data concerning the employee only to the extent that such data concerns the employee’s suitability for his or her job or is necessary for the performance of the employment contract. 6.6 Are there any specific procedures that an employer has to follow in relation to individual dismissals?
The employees have a claim for payment of a penalty of up to two monthly salaries. All claims regularly arising out of the employment contract become due upon termination of the employment relationship.