Legal Requisitions

Art. 328 OR

1 The employer must respect and protect the employee's personality and duly consider their health and ensure that their morality is retained during the employment.

In particular, they must ensure that the employees are not sexually harassed and that victims of sexual harassment are not confronted by any disadvantages.


2 They must take the appropriate measures to protect the life, health and integrity of employees as far as experience, available technology and circumstances of the business allow it, so long as it is conducted with regard for individual working conditions and the nature of performance that can be justly expected of them.


Art. 6 ArG

1 The employer is obliged to take all measures to protect the life, health and integrity of employees as far as experience, available technology and circumstances of the business allow it. They must subsequently allow for the necessary measures for the the protection of the employee's personal integrity.


2 The employer must particularly ensure that all operational features and processes are constructed in a way as to avoid health hazards and overstraining of the employees as far as possible.


2bis The employer must ensure that employees must not consume alcohol or intoxicating substances whilst exercising their professional activity.

Exceptions are regulated by the Bundesrat.


3 The employer must hold employees liable for the contribution to health protection. They are obliged to assist the employer in the execution of health protection regulations.


4 Measures which must me fulfilled for health protection in the business will be laid down by regulation.


Art. 2 VO 3 to ArG (Health Care)

Art. 2 Principle

1 The employer must take all necessary to preserve and improve health protection and safeguard the physical and psychological health of employees.

In particular, they must ensure that:

a. ergonomically and hygienically sound working conditions are obtained;

b. health is not be compromised by damaging and troubling physical, chemical and biological factors;

c. an exceedingly strong or too one-sided exposure is avoided, i.e. the workload must be appropriately organised.

2 The measures concerning health protection which are required of the employer by public authority must be made in proportion and with regard to constructional and organisational ramifications.



Art. 3 VO 3 to ArG (Health CareVO)

Art. 3 Specific duties of the employer

1 The employer must make sure that the health care measures are not impaired in their effectiveness; they must monitor them in adequate periods of time.

2 If buildings, building party, technical facilities and appliances or operation methods are changed or if new materials are used within the company, the employer must adjust the measures to the new circumstances.

3 If there is indication that the health of a employee is damaged by the operation they perform, an occupational medical clarification must be carried out.



Guidance of SECO to Art. 2 of VO 3 to ArG

"Amongst the psychological disorders, the following are to be highlighted: overstraining or excessive demands of a quantitative or qualitative nature (exaggerated volume of work or mental overstraining of the employee); workplace-connected constraints (too much monotony or perpetual, exceeding long-term concentration); external pressure (adherence to inevitable appointments, amplitude of simultaneous flow of information, exaggerated responsibility); environmental effects (noise, vibrations, light, color, air etc.); bad to impossible psychosocial working conditions (interpersonal conflict situations, difficult to impossible communication or other impeding circumstances, which impede the physical or psychological integrity of a person)."


Guidance of SECO to Art. 3 of VO 3 to ArG

"Indications of a physical or psychological damage to health by the occupation of the employees can be of various origin. If the occupation that is carried out is generally recognized to be health endangering, they should be done with particular care. The employer must periodically evaluate the situation themselves. If there are indictions that the health of the employees is at risk or if the affected employees or their treating physician portend a health risk, the employer must address the situation."