Workplace Discrimination in Switzerland

Protected Grounds and Legal Basis

Discrimination in employment is prohibited on the following grounds by Swiss law: Gender (Equal Pay Act GlG, Art. 3, covers recruitment, assignment, working conditions, pay, training and termination), Disability (BehiG, Art. 6, applies to public sector and some private sector access), General personality rights (CO Art. 328, covers dignity and equal treatment), and Federal Constitution Art. 8 (direct applicability limited in private employment). Unlike the EU, Switzerland has no general law covering age, religion, or racial discrimination in private employment.

Procedure and Burden of Proof

For gender discrimination claims under GlG: the employee needs to make discrimination 'plausible', then the burden shifts to the employer to prove the differential treatment is justified. This reversed burden is a significant advantage. For other forms of discrimination under CO: standard burden of proof (plaintiff must prove). Process: free conciliation before the labour court (Schlichtungsbehörde), then court. Claims must be filed within the applicable limitation period.

Remedies

Available remedies: Back pay (underpaid wages due to gender discrimination, retroactively 5 years), Compensation for moral harm (up to 3 months' salary under GlG for gender discrimination; unlimited under CO for serious personal rights violations), Injunctions (order employer to cease discriminatory practices). Wrongful dismissal for discriminatory reasons: up to 6 months' salary. Free advice: cantonal equality offices, Disability Forum Switzerland (AGILE), trade unions.

Context on the Swiss job market helps frame any career decision in Switzerland. Our gross-to-net salary guide shows what Swiss gross salaries look like after AVS, LPP and tax deductions. The salary negotiation guide covers how to use market data in offer discussions and which arguments work with Swiss recruiters. Our guide to working in Switzerland as a foreigner covers entry conditions, permit categories and practical relocation steps. The work permit guide explains B, C, G and L permit categories and processing timelines. For cross-sector salary benchmarks, the Switzerland salary guide covers all major roles and cities.

---

Frequently Asked Questions

Is age discrimination illegal in Switzerland?

There is no explicit law against age discrimination in private employment. However, dismissal for age alone would likely be wrongful (Art. 336 CO) and a court might find it a violation of general personality rights (Art. 328 CO). This is an area where Swiss law lags behind EU standards.

What is the difference between harassment and discrimination?

Discrimination affects terms and conditions of employment (pay, promotion, assignment) based on a protected characteristic. Harassment is unwanted conduct related to a protected characteristic that creates an intimidating or hostile environment. Both are prohibited, harassment falls under CO Art. 328, gender-based harassment also under GlG.

Can I be dismissed for filing a discrimination complaint?

Dismissal for filing a good-faith discrimination complaint is wrongful dismissal (Art. 336 CO), giving you a right to up to 6 months' salary compensation. Document the complaint and any retaliation carefully.

What is the 13th month salary in Switzerland?

The 13th month salary in Switzerland refers to an additional monthly salary paid once a year, typically in December. It is included in annual salary benchmarks as standard: when a Swiss employer quotes CHF 120,000 per year, this normally means 13 monthly payments of approximately CHF 9,231 each, not 12 payments of CHF 10,000. The 13th month is governed by the employment contract or collective agreement (GAV), not by statute. It is subject to social contributions (AHV/ALV) and income tax. Always clarify with a prospective employer whether a quoted annual figure includes or excludes the 13th month.

How do Swiss notice periods work for employment contracts?

Under Swiss law (Code of Obligations, Art. 335c), notice periods during probation (default 1 month, up to 3 months by agreement) are 7 days. After probation, statutory notice periods are: 1 month during the first year, 2 months in years 2 to 9, and 3 months from year 10 onwards. Notice must be given in writing by end of calendar month (or end of the agreed notice period month). Contractual or GAV notice periods can be longer but cannot be shorter than statutory minimums. Protected periods exist (illness, accident, pregnancy) during which termination is suspended or prohibited.