GEA Art. 5 - Employees’ rights

Einleitung zur Rechtsnorm GEA:

Art. 5 GEA from 2020

Art. 5 Employees’ rights

¹ Anyone who is the victim of discrimination within the meaning of Articles 3 and 4 may apply to the court or to the administrative authority for an order:

² If the discrimination relates to the refusal of employment or to dismissal under the Code of Obligations, the person concerned is entitled only to a compensatory payment. This payment must be fixed by taking all the circumstances into account and is calculated on the basis of the probable or actual salary.

³ In the case of discrimination through sexual harassment, the court or the administrative authority may also award the person concerned compensation, unless the employer proves that it took measures that have been proven in practice to be necessary and adequate to prevent sexual harassment and which it could reasonably have been expected to take. The compensation must be fixed by taking all the circumstances into account and is calculated on the basis of the average Swiss salary.

⁴ The compensation in the case of discrimination through the refusal of employment in terms of Paragraph 2 must not exceed an amount equivalent to three months’ salary. The total amount of compensation must not exceed this sum even if two or more persons claim compensation for the discriminatory refusal of the same position. The compensation in the case of discrimination through dismissal under the Code of Obligations in terms of Paragraph 2 and in the case of discrimination through sexual harassment in terms of Paragraph 3 must not exceed an amount equivalent to six months’ salary.

⁵ Claims for damages for financial loss and pain and suffering as well as further contractual claims are reserved.