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FAQ
Frequently Asked Questions
Which legal foundations regarding equality must we as a company observe in Switzerland?
The most important legal foundations in Switzerland are the Federal Constitution (Art. 8 FC) and the Federal Act on Gender Equality (Gender Equality Act, GEA). These laws ensure that discrimination based on gender, origin or sexual orientation is prohibited and that companies are obliged to promote equal opportunities.
What risks do we face if we do not actively promote equality?
Companies that do not actively promote equality risk violating legal provisions, which can lead to legal consequences, fines or claims for damages. In addition, there may be reputational damage, demotivation of employees or loss of talented professionals. Inequalities within the company can also lead to a deterioration of the working atmosphere, which negatively affects the workplace climate and productivity.
What does the duty of care of employers under the Gender Equality Act mean and how can we implement it?
The Gender Equality Act (GEA) obliges us as employers to promote equality between women and men and to take measures to prevent discrimination. Our duty of care includes the responsibility to create a work environment free from discrimination and harassment and to promote the professional development and equal opportunities of all employees.
To what extent can discrimination in the workplace increase the risk of compliance cases and what problems can this pose for companies?
Discrimination in the workplace represents a significant risk for compliance violations, as companies are legally obliged to ensure a discrimination-free work environment. If discrimination occurs, this can lead to legal consequences such as lawsuits from affected employees or even fines and claims for damages. Furthermore, discrimination can undermine employee trust and morale, leading to decreased productivity and a poor corporate culture. Companies can also damage their reputation and deter potential talent if they cannot demonstrate that they promote equal opportunities and actively prevent discrimination. A stronger focus on compliance in the area of equality and anti-discrimination is therefore essential to minimise legal, financial and reputational risks.
What do we understand by sexual harassment in the workplace and how should we as a company respond?
Sexual harassment in the workplace includes unwanted sexually determined acts, remarks or behaviours that create a disrespectful or hostile work environment. We must ensure that such incidents are consistently pursued and sanctioned. There should be a clear anti-harassment policy accessible to all employees, and we should offer training to raise awareness as well as a confidential complaint and support structure.
What must we as a company consider to promote the equality of people with disabilities?
We are obliged to identify and remove barriers to promote the integration of people with disabilities. This includes both structural adjustments and adaptations in the workplace. Furthermore, we must ensure that people with disabilities have equal access to education and training as well as promotion opportunities.
What is the difference between bullying and conflicts in the workplace and how should bullying be dealt with in the company?
Bullying in the workplace is repeated, intentional harassing or degrading behaviour towards an employee that leads to a hostile work environment. Unlike occasional conflicts, bullying is systematic harassment that can affect mental health and well-being. We as companies should protect ourselves and our employees by establishing clear anti-bullying policies, implementing a procedure for reporting bullying incidents and offering preventive training to prevent and combat bullying.
What measures should we as a company take to prevent discrimination based on gender?
We can take preventive measures, such as introducing a clear anti-discrimination policy, regular training to raise employee awareness and transparent recruitment, promotion and salary procedures. Anonymous application procedures can also help to avoid discrimination.
How can we as a company promote the compatibility of work and private life?
We can offer flexible working hours, telework and flextime to facilitate the compatibility of work and private life. In addition, we can take measures to support employees with caregiving responsibilities and create a work culture that promotes diversity and offers equal opportunities to all employees.
How can we as a company ensure pay equality among our employees?
Companies with more than 100 employees are legally obliged to regularly conduct a pay equality analysis to identify gender-specific pay differences. Companies can also voluntarily conduct an internal review of pay structures and, if necessary, take measures to address existing inequalities.
What do we understand by equality in the workplace and how can we as a company ensure that we promote it?
Equality in the workplace means that all employees have the same opportunities and rights regardless of gender, origin, religion, disability or other personal characteristics. As a company, we can promote equality by providing equal pay for equal work and equal access to career opportunities.
What are the essential differences between equal rights and equality in the professional context?
Equal rights refer to the legal recognition of equal rights and obligations for all people. Equality goes beyond this and ensures that all employees have the same opportunities in practice. This includes equal pay, career opportunities and access to resources.
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