The basic rule 'no wages without work' dictates that employees who perform no work, including those deemed incapable of working, should not receive wages. However, Swiss employment law provides for exceptions in some circumstances. This article addresses the circumstances in which employers must continue to pay employees who are unable to work, how long employers must continue to pay such employees and the circumstances in which employers may request medical certificates.
Swiss companies have long relied on workforces that are largely homogeneous as this is believed to maximise employee performance and efficiency. However, after 2000 the industry perspective shifted as large companies came to regard diversity management as an instrument for improving equality and reputation. Today, diversity plays a crucial role in creating sustainable organisational structures and can even benefit companies economically.
On-call work is a special form of part-time work arrangement under which neither the date nor the duration of the assignment are determined in advance. Switzerland has no legislation specific to on-call work and its legal doctrine provides limited definitions. Despite a lack of coherent criteria in this regard, on-call work is an increasingly favourable option for employees who require greater work-life flexibility.
As most new job applications are compiled, sent and processed electronically, employers must bear in mind that any personal data collected should be strictly limited to that which is required to assess and finally decide on the most suitable candidate. Processing data which does not relate specifically to the selection of a suitable candidate could violate data protection and privacy rules.
In Switzerland, it is still considered inappropriate to discuss wages. Data on workers' average monthly income is difficult to obtain because no reliable statistics are available and living costs and salaries vary across each canton. The taboo surrounding wages and the lack of guaranteed equal pay for male and female workers suggests that there is still much work to be done in this regard.