Workplace Bullying and the Protection of Personal Integrity

Bullying is not merely a matter of workplace atmosphere: it is a breach of legal obligations that exposes the employer to civil and, in serious cases, criminal liability. In Switzerland, protection begins with a clear principle of the Code of Obligations: the employer must protect the employee’s personal integrity. Here is what that means in practice.

The foundation: the duty of protection

Article 328 of the Code of Obligations requires the employer to respect and protect the personal integrity of the employee, to have due regard for their health and to safeguard morality. This is not a passive duty: the employer must take appropriate measures to ensure that staff suffer no harm to their physical and psychological integrity.

The Labour Act (LL) reinforces this principle in terms of health protection, requiring all necessary measures to be taken to safeguard the personal integrity of employees, including measures against harassment.

What bullying is (and is not)

Bullying is hostile, repeated and prolonged conduct directed against a person in the workplace, with the effect of isolating, belittling or excluding them. Typical features include:

systematic nature: not a single episode, but a series of acts over time;
targeted direction against one person;
the effect of degrading the working environment and the employee’s dignity.

Note: an isolated conflict, legitimate criticism of work performance or the proper exercise of managerial authority do not constitute bullying. The dividing line is a fine one and must be assessed on the concrete facts.

Sexual harassment

A category of its own is sexual harassment, prohibited by the Gender Equality Act (LPar). The employer has a specific obligation to prevent it and to intervene. If the employer cannot demonstrate that it took adequate measures to prevent it, it may be ordered to pay compensation to the injured party, independently of any damages.

Prevention: what the employer must do

Protection is first and foremost preventive. A diligent employer:

establishes a clear internal policy against bullying and harassment;
appoints a person of trust or an internal or external point of contact;
informs and raises awareness among staff and managers;
sets up a reporting and case-management procedure;
intervenes promptly when a report is received, with serious and impartial investigations.

Ignoring a report is in itself a breach of the duty of protection.

The legal consequences

Breaches can trigger action on several fronts:

damages and compensation for moral harm to the employee;
specific compensation where sexual harassment was not prevented;
if the employer responds to a legitimate complaint with a dismissal, this may be abusive (wrongful), with compensation of up to six months’ salary;
the employee who is a victim may, under certain conditions, terminate the relationship with immediate effect for good cause.

The employer’s liability also arises where the bullying comes from colleagues or superiors: the employer is answerable for having failed to take the necessary measures.

The mistakes that cost

Downplaying reports as “personal matters”.
Having no internal procedure or person of trust.
Confusing legitimate management with harassment, in either direction.
Retaliating against whoever raises a complaint: this opens the door to wrongful dismissal.
Failing to document the measures taken: in court, the employer must prove its own diligence.

A question of liability, not just atmosphere

Protecting personal integrity is not “corporate niceness”: it is a legal obligation whose breach carries a price measurable in compensation and litigation, on top of the hidden cost of absences, turnover and reputation. Preventing with clear procedures costs a fraction of managing a full-blown case.

How we help

The Payroll & HR division of SIH ONE helps set up internal policies, reporting procedures and case management in compliance with the CO, the Labour Act and the LPar, in coordination with legal counsel. Talk to our people desk.