Am I protected against workplace discrimination as a cross-border worker?
Answered with official sources — Rights, dismissal and mobbing
Answer
Yes. The Free Movement Agreement (AFMP) Annex I art. 9 requires equal treatment between Swiss and EU/EFTA workers on pay, social benefits, working conditions and training source: Fedlex AFMP SR 0.142.112.681. The Gender Equality Act (LPar RS 151.1) bans gender discrimination in hiring, promotion, dismissal, pay source: Fedlex LPar RS 151.1. The Anti-Racism Law (Criminal Code art. 261bis) criminalises incitement and racial exclusion from public services. Remedies: Labour Court (LPar art. 10) with reversed burden of proof; cantonal equality commission; Federal Office for Gender Equality FOGE. An Italian cross-border worker may contest pay gaps, seniority denials or exclusion from training. Compensation up to 6 months' salary (LPar art. 5).
Official sources
2Other questions on this topic
- Is the Italian NASpI available to a cross-border worker dismissed from Switzerland?
Yes. Under EU Reg. 883/2004 art. 65 a totally unemployed cross-border worker is entitled to benefits in the country of residence (Italy) based on foreign contributions.
- What should I do in case of a workplace accident?
Notify the employer immediately and request the accident-notification form, sent to SUVA (or LAINF insurer) within 3 days. The doctor treats and certifies work incapacity.
- Is dismissal always lawful in Switzerland?
No. Although the principle of contractual freedom applies (CO art. 335), dismissal is abusive if motivated by protected grounds (CO art. 336): nationality, ethnic background, religious or political opinion, trade-union activity, age, gender, family status, whistleblowing.
- Who pays salary during long-term illness?
Beyond the CO scale (see salary FAQ) the collective AIGM (daily illness allowance) kicks in from day 31 in most cases. It covers 720 days in 900 at 80-90% of salary, funded by AIGM contributions split employer/employee.
- How do I protect myself from mobbing in Switzerland?
The employer has a duty to protect employees' personality (CO art. 328 and LTr art. 6). Mobbing — repeated psychological harassment at work — breaches this duty and triggers civil liability.
- Which unions can I join as a cross-border worker?
Cross-border workers may freely join Swiss unions for contractual assistance, grievances and legal advice. Main Ticino unions: OCST (Christian-Social Ticino Organisation, 38,000 members), UNIA (industry, construction, crafts, 180,000…
- Does Swiss law provide a TFR equivalent as in Italy?
No, there is no mandatory TFR. The severance indemnity (CO art. 339b-339c) is only due to workers aged ≥50 with ≥20 years of service and equals 2-8 months of salary; it has been largely replaced by 2nd-pillar (LPP) benefits since 1985.
- Am I eligible for short-time work compensation (RHT) as a cross-border worker?
Yes. The Swiss LACI (Unemployment Insurance Act, RS 837.0) art. 31 provides Short-Time Work Compensation (RHT) for those suffering temporary work loss (order drop, COVID, exceptional events).