Too hot to work or sleep: what are your rights (cross-border guide)
What the law says about excessive heat at work, school and home
Contesto
In brief - There's no 'heat exemption' at work or school - Companies must protect employees' health with adequate measures like ventilation and regular breaks - An overly hot dwelling can be considered a defect from a tenancy law perspective ## Key facts - What: Rights of workers and tenants during the heatwave - When: Summer 2023 - Where: Switzerland - Who: Employees, schoolchildren, tenants - Amount: Not specified The great heat can make life difficult, especially when you have to work or study. What rights do you have in these situations: at the workplace, at school, or at home? The 'heat exemption' remains a myth: it doesn't exist, even when the thermometer reads over 30 degrees in the shade. By law, companies are required to protect the health of their employees through adequate measures. For example, according to the Ordinance on Accident Prevention of December 19, 1983, companies must ensure a suitable working temperature. In the event of high temperatures, measures such as installing ventilation or cooling systems can be adopted. > "Companies must take all necessary measures to protect the health of their employees," as established by Article 6 of the Ordinance on Accident Prevention. In Zurich, for example, some companies have adopted heat adaptation policies, such as the possibility of working from home or having flexible working hours. Tenants, on the other hand, can appeal to tenancy law if their dwelling is too hot due to poor building design or maintenance. In such cases, they can request a rent reduction or improvement works.
Dettagli operativi
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Punti chiave
Procedure for workers 1. Check the protective measures adopted by the employer, such as the provision of fresh water and the installation of cooling systems. For example, according to the ordinance of the Swiss Federal Council of May 13, 2020, employers must ensure a suitable working temperature. 2. Request more frequent breaks or air conditioning if necessary. In cantons such as Zurich, workers can benefit from specific regulations that provide for longer breaks during heatwaves. 3. Consult the workers' representative or trade union if conditions do not improve. > 'Workers have the right to a safe and healthy working environment' (art. 6, Federal Labour Law, March 13, 1964). ### Procedure for tenants 1. Ventilate the dwelling correctly by opening windows during the cooler hours of the day. 2. Check if the landlord has taken adequate measures to maintain a comfortable temperature, such as installing solar shades or cooling systems. For example, in Geneva, tenants can refer to the specific provisions provided by the Code of Obligations (art. 256a, July 1, 2022). 3. If necessary, contest the situation to the landlord or contact a consumer association such as the Swiss Consumer Federation. A concrete example is the case of a tenant in Bern who received compensation of 1,200 francs for medical expenses incurred due to the excessive temperature in the inadequately cooled apartment. For more information on your rights and obligations, you can consult the salary calculator or seek information on Swiss laws related to tenancy law, such as the Federal Law on Tenancy (art. 28, January 1, 1990), which provides for compensation for damages resulting from inadequate living conditions. Source: rsi.ch
Punti chiave
[{"q":"What can I do if my employer doesn't take adequate measures against the heat?","a":"You can contact the workers' representative or the trade union for assistance. Additionally, you can consult the competent cantonal authorities for labor law."},{"q":"Can I refuse to work if it's too hot?","a":"Generally no, but you can request adequate protective measures such as more frequent breaks or air conditioning. If the conditions are unbearable, consult your union representative."},{"q":"How can I prove that my dwelling is too hot due to a defect?","a":"Document the internal temperature with precise measurements and report the issue to the landlord. If necessary, consult a consumer association or a lawyer specializing in tenancy law."}]
Frequently Asked Questions
- What can I do if my employer doesn't take adequate measures against the heat?
- You can contact the workers' representative or the trade union for assistance. Additionally, you can consult the competent cantonal authorities for labor law.
- Can I refuse to work if it's too hot?
- Generally no, but you can request adequate protective measures such as more frequent breaks or air conditioning. If the conditions are unbearable, consult your union representative.
- How can I prove that my dwelling is too hot due to a defect?
- Document the internal temperature with precise measurements and report the issue to the landlord. If necessary, consult a consumer association or a lawyer specializing in tenancy law.