Workplace Bullying (Mobbing) in Switzerland
Workplace bullying — systematic humiliation, isolation, intimidation or harassment of an employee — is not expressly defined in Swiss law, but is prohibited through the general employer duty of care. Victims have legal remedies, but the process requires careful documentation.
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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.
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.