The advice –
They make me work like an elf…
Advice from lawyer Pascal Rytz.
Pascal Rytz, lawyer in Geneva and Nyon
Published today at 10:44 a.m.
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I am employed at a toy company that experiences a considerable spike in business as the holidays approach. Can I be expected to work to the point of exhaustion to fulfill last minute orders? Does the law provide anything regarding production methods or working conditions in this context? Finally, are certain punitive practices authorized when work is not performed as expected? My supervisor actually has a worrying tendency towards abrupt gestures that she makes us subject to to establish her authority…
L.
Your situation raises important questions related to labor law, sustainable management of production and respect for dignity in every company. In Switzerland, article 328 of the Code of Obligations (CO) requires the employer to protect the health of its employees and to preserve their personality. This includes measures to avoid excessive work overload.
A diligent employer must ensure that working conditions are bearable and comply with legal standards, otherwise they will be held liable. Working in unreasonable conditions may constitute a violation of the law. On an ecological level, the new law on climate protection targets and energy security (LCI), which will come into force in 2025, reflects a growing concern to limit the environmental impacts of production processes. It sets ambitious goals, such as reducing greenhouse gas emissions and promoting sustainable alternatives.
A company seeking to respect these principles should therefore already opt for recyclable materials and responsible production practices, which will soon become obligatory for everyone.
Finally, regarding disciplinary measures, if the actions you mention were to come close to a form of corporal punishment, such behavior is obviously contrary to Swiss law. Article 126 of the Penal Code qualifies such acts as assault, punishable by punishment. Working relationships must therefore be part of a respectful framework.
In short, you have the right to demand reasonable working conditions and strict respect for your physical and moral integrity. If in doubt, it would be wise to seek advice from the authorities, a lawyer or a union, because preserving one's personal balance is not a luxury, but a fundamental right.
The spirit of Christmas must remain a moment of charity and well-being to share, let's try not to let stress and commercialism dissipate it! We therefore wish all readers of “Julie” a radiant Holiday season despite all the turpitudes that our way of life and society impose on us until this particular period and we look forward to seeing you in these columns in 2025.
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