Santa's elves work up a sweat

Santa's elves work up a sweat

The end of the year is a time of intense stress in my workplace. To add to this pressure, I have another problem: the colleague who works right next to me (in the 'open space' where we prepare the presents, whose windows cannot be opened for reasons of secrecy) gives off a strong and very unpleasant body odour. I've already complained about it to the Head Elf, but he says there's nothing he can do for me. What can I demand from my employer in order to be protected from this strong odour nuisance?

Snowflake

The readers of the Julie, as well as the author of this real question, duly anonymised for the occasion, are sorry to learn of your distressing situation, which buying a stock of small scented fir trees to make your working environment more pleasant cannot rightly resolve.

"The Labour Act and related ordinances do not provide for a right to a pleasant smell in the workplace".

Article 328 of the Swiss Code of Obligations stipulates that the employer must ensure respect for the health and personality of the employee. The law specifies that to protect the life, health and personal integrity of his employees, the employer must take the measures "dictated by experience, applicable in the state of the art and adapted to the conditions of operation, insofar as the employment relationship and the nature of the work make it fair to require him to do so".

This standard is formulated in very general terms and specified by other provisions, for example in the Labour Act and related ordinances, which do not provide for a right to a pleasant smell in the workplace.

Incidentally, this applies to you as much as it does to your colleague, who apparently suffers from hypersudation, since the latter's body odour could in no way constitute valid grounds for dismissal. The fact that an employee is systematically criticised for his or her body odour could even, depending on the circumstances, be regarded as an attack on his or her personality, which could go so far as to justify the award of compensation for non-material harm. Caution is advised...

If your employer refuses to raise this issue with the employee concerned, you should seek discussion with your hierarchy to see what other practical measures could be taken to return you to a more pleasant working environment.

If your company offers the services of a support person or a mediator, these alternative methods of conflict resolution could be useful in initiating a dialogue, if necessary with the colleague concerned, in a protected environment that respects your respective personalities and needs.

Let's hope that this case comes to a favourable conclusion and that no one dares to conclude that Father Christmas can sometimes be a scumbag when it comes to his employees! Happy holidays to you, and we look forward to seeing you in these columns in 2024.

Pascal Rytz