Duty of care of employer
The employer’s duty of care requires protecting employees’ personality, health, safety and legitimate workplace interests.
In Swiss employment law, the employer must respect and protect the employee’s personality and health. This includes safe working conditions, reasonable measures against harassment and discrimination, protection of personal data, and consideration of family and health circumstances where legally relevant. The duty also shapes handling of references, monitoring, workplace investigations and sickness-related absences. It is balanced against operational needs, but cannot be waived wholesale. Breaches may lead to injunctions, damages, compensation, administrative sanctions or consequences for the validity of dismissal.