How do I protect myself from mobbing in Switzerland? (cross-border guide)
Answered with official sources — Rights, dismissal and mobbing
Updated 11 August 2026
Answer
The employer has a duty to protect employees' personality (CO art. 328 and LTr art. 6) source: Fedlex CO RS 220, LTr RS 822.11. Mobbing — repeated psychological harassment at work — breaches this duty and triggers civil liability. A cross-border victim should: (1) notify the employer in writing (registered letter), (2) request HR and occupational physician intervention, (3) contact the cantonal personality office (Ticino: Servizio per la personalità), (4) sue before the Labour Court within 5 years for damages (CO art. 49). Federal Court case law (BGE 130 III 699) allows compensation up to CHF 20,000 for proven mobbing. Helpful evidence: emails, colleague testimonies, medical certificates of depression/anxiety. Unions OCST, UNIA give free advice.
Official sources
Other questions on this topic
- 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).
- Must the employer issue a work certificate (Arbeitszeugnis)?
Yes, mandatorily (CO art. 330a). A full work certificate (Arbeitszeugnis) must state: activity, duration, quality of work and conduct, written in Swiss-standard coded language (standardised neutral formulas, never explicitly negative).
- Am I protected against workplace discrimination as a cross-border worker?
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. The Gender Equality Act (LPar RS 151.1) bans gender discrimination in hiring, promotion, dismissal, pay.
- 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.
The information on this page is for guidance only and does not replace personal advice from an accountant, lawyer or union office. Tax, social-security and permit rules change frequently: always verify with the official sources linked in each answer.