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Sexual Harassment Policy Template for Switzerland

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Sexual Harassment Policy

I need a comprehensive sexual harassment policy that outlines clear definitions, reporting procedures, and consequences for violations, ensuring compliance with Swiss employment laws and promoting a safe and respectful workplace environment for all employees.

What is a Sexual Harassment Policy?

A Sexual Harassment Policy outlines how Swiss organizations prevent and handle unwanted behavior of a sexual nature in the workplace. It defines prohibited conduct under the Gender Equality Act and Article 328 of the Swiss Code of Obligations, from inappropriate comments to unwanted physical contact.

This essential workplace document explains reporting procedures, protection measures for victims, and consequences for harassers. It helps companies meet their legal duty to maintain a safe work environment and shows employees exactly what steps to take if they experience or witness harassment. Swiss employers with more than 50 workers must have these policies in place.

When should you use a Sexual Harassment Policy?

A Sexual Harassment Policy becomes essential when setting up a new business in Switzerland or expanding your workforce beyond 50 employees. Swiss law requires clear workplace protections, making this policy a crucial first step in protecting both your team and your organization from legal risks.

Use this policy immediately after any harassment incident to guide your response and follow proper reporting procedures. It's also valuable during employee onboarding, team training sessions, and annual policy reviews. Having it ready before problems arise helps create a respectful workplace culture and demonstrates compliance with the Gender Equality Act and Swiss employment regulations.

What are the different types of Sexual Harassment Policy?

  • Basic Sexual Harassment Policies focus on legally required elements under Swiss law, including reporting procedures and disciplinary measures
  • Comprehensive policies add detailed prevention strategies, training requirements, and investigation protocols
  • Industry-specific versions adapt to unique workplace settings (e.g., hospitality, healthcare, or manufacturing environments)
  • Multi-language policies accommodate Switzerland's linguistic diversity, available in German, French, Italian, and English
  • Digital workplace policies address online harassment through company communication channels and remote work situations

Who should typically use a Sexual Harassment Policy?

  • HR Departments: Draft and maintain Sexual Harassment Policies, conduct training, and handle initial complaints
  • Legal Teams: Review policies for compliance with Swiss labor laws and update them as regulations change
  • Management: Approve policies, ensure implementation, and demonstrate commitment to workplace safety
  • Employees: Must understand and follow policy guidelines, report incidents, and participate in prevention training
  • External Consultants: Often help develop policies and provide specialized training, especially for smaller companies
  • Union Representatives: Review policies to ensure worker protections align with collective agreements

How do you write a Sexual Harassment Policy?

  • Review Current Laws: Gather updated Swiss Gender Equality Act requirements and cantonal regulations
  • Company Details: Document size, industry, languages needed, and existing reporting structures
  • Internal Process: Map out complaint procedures, investigation steps, and disciplinary measures
  • Key Contacts: List designated harassment officers, HR contacts, and external support resources
  • Training Plan: Outline how staff will learn about the policy and receive regular updates
  • Documentation: Create forms for reporting incidents and tracking investigations
  • Distribution Plan: Determine how to share the policy across all company locations and platforms

What should be included in a Sexual Harassment Policy?

  • Clear Definition: Specific examples of prohibited conduct under Swiss law, from verbal harassment to physical contact
  • Scope Statement: Coverage for all workplace locations, events, and digital communications
  • Reporting Process: Step-by-step procedures for filing complaints and protection against retaliation
  • Investigation Protocol: Detailed process ensuring confidentiality and fair treatment for all parties
  • Disciplinary Measures: Range of consequences for policy violations, aligned with Swiss labor law
  • Support Resources: Contact information for internal and external assistance options
  • Training Requirements: Mandatory awareness programs and documentation procedures
  • Legal References: Citations of relevant Swiss Gender Equality Act provisions

What's the difference between a Sexual Harassment Policy and a Bullying and Harassment Policy?

While both policies address workplace conduct, a Sexual Harassment Policy differs significantly from a Bullying and Harassment Policy in several key aspects under Swiss law:

  • Legal Framework: Sexual Harassment Policies specifically align with the Gender Equality Act and focus on conduct of a sexual nature, while Bullying Policies cover broader hostile behaviors under general labor law
  • Reporting Mechanisms: Sexual harassment cases require specialized confidential reporting channels and trained contact persons, whereas bullying cases often follow standard grievance procedures
  • Investigation Requirements: Sexual harassment investigations demand stricter privacy protections and specific evidence handling protocols due to their sensitive nature
  • Remedial Actions: Sexual harassment violations typically trigger immediate protective measures and may require external authority involvement, while bullying cases are usually handled internally

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