Workplace Mediation is based on the provisions on the protection of health and personality at work to which employers and employees are subject in Switzerland according to the Labor Law (LL).
The subject matter of Workplace Mediation may relate not only to actual disputes concerning claims, but also to any kind of legitimate right, such as the right to submission of documents, data protection or personality or health protection. This includes cases of unfair dismissal, moral harassment, sexual harassment, discrimination and any other situation likely to provoke a conflict between the parties.
Workplace Mediation is initiated by an affiliated employer or their employees.
If the same problems involving the same employer affect several employees, they may appoint a common representative.
A request for mediation is admissible under the following four cumulative conditions:
- The request is filed according to the instructions available on the FINSOM website.
- The request is not obviously vexatious.
- In the event of a dissolution of the employment relationship, a mediation procedure has not already been conducted in the same case.
- The case is not being or has not been dealt with by a conciliation authority or by a court, court of arbitration or administrative authority.
Requests that do not meet the conditions for admission are refused.