General
Negotiations on contracts of employment are initiated by offers of positions. The commencement of negotiations on contracts of employment does not represent a contractual relationship, but the parties are to observe certain duties. The following are to be mentioned in this respect:
- the equality of the sexes (comp. the Swiss Equality of the Sexes Legislation (‘GIG –Gleichstellungsgesetz’ [SR 151.1.]);
- acting in good faith;
- data protection.
The equality of the sexes
Under Art. 3, Para. 2 of the foregoing Equality of the Sexes Legislation direct as well as indirect discriminatory employment preconditions are prohibited.
Acting in good faith
This statutory principle means that the parties may not behave deceitfully and that consideration is to be taken of the interests of the partner. The following duties of candidates for positions are of central importance:
Duty to provide information on a truthful basis
Candidates for positions are to answer questions put by the prospective employer on a complete and truthful basis.
Duty of disclosure
Certain facts are to be provided by candidates for positions of their own volition. Disclosure is to cover facts, which would appear to render the candidate unsuitable for the position involved, such as:
- physical problems;
- psychical problems;
- absence of the necessary training.
Data protection
A prospective employee is to protect the data of the candidate for the position. The questioning of the candidate thus falls under the area of the application of the Swiss Data Protection Legislation (‘DSG – Datenschutzgesetz’ [SR 235.1.]). The same applies to questions of references. These are to be backed up by the permission of the candidate.
