I'm being made to toil like an elf...
I work for a toy company that experiences a considerable peak in activity around Christmas. Can I be expected to work until I'm exhausted in order to meet last-minute orders? Does the law say anything about production methods or working conditions in this context? Finally, are certain punitive practices permitted when work is not carried out as expected? My line manager does have a worrying tendency to use abrupt gestures to establish her authority...
L
In Switzerland, Article 328 of the Code of Obligations (CO) requires employers to protect their employees' health and personality. This includes measures to avoid excessive workloads.
A diligent employer must ensure that working conditions are tolerable and comply with legal standards, or risk being held liable. On the environmental front, 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 impact of production processes. It sets ambitious targets, such as reducing greenhouse gas emissions and promoting sustainable alternatives.
A company seeking to respect these principles should therefore already be opting for recyclable materials and responsible production practices, which will soon become compulsory for everyone.
Finally, with regard to disciplinary measures, if the gestures you mention were to come close to a form of corporal punishment, such behaviour is obviously contrary to Swiss law. Article 126 of the Swiss Penal Code classifies such acts as assault and battery, which are punishable by law. Labour relations must therefore be conducted within 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 trade union, because preserving your personal equilibrium is not a luxury but a fundamental right.
The spirit of Christmas must remain a moment of charity and well-being to be shared, and we must try not to let stress and commercialism dissipate it! So we wish all the readers of the "Julie" a wonderful festive season, despite all the turpitudes that our lifestyle and society impose on us right up to this special time, and we look forward to seeing you in these columns in 2025.
