How do I protect myself from mobbing in Switzerland? (cross-border guide)
Answered with official sources — Rights, dismissal and mobbing
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
2Other 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.