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Switzerland

Switzerland’s best Men’s World Cup finish is the quarter-finals, achieved in 1934, 1938 and 1954.

Switzerland were eliminated on penalties in 2006 without conceding a goal in the tournament.

Switzerland lost the 2006 round-of-16 shootout to Ukraine 3–0.

Switzerland’s 1954 quarter-final against Austria ended 7–5.

Contributing firm

Bratschi Ltd.

Contacts

Tobias Herren (Co-Head Employment Practice)

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

Skipping work without permission to watch the World Cup is an unjustified absence and breach of duty. The employer may withhold pay for the time missed, issue a warning, and, if the behaviour is repeated or serious, terminate the employment, in extreme cases even with immediate effect.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

The certificate may be challenged by demanding a medical examination by a trusted physician, stopping salary payments if incapacity is not proven, issuing a warning, and, in serious or repeated cases, terminating the employment, potentially with immediate effect.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

Routine on-site breathalyser testing by the employer is generally not allowed; testing is only accepted in well-defined, safety-critical roles.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

Working hours temporarily may be rearranged, provided the employment contracts or any applicable collective labour agreement allow sufficient flexibility. Such adjustments fall within the employer’s managerial authority as long as they are reasonable, time-limited, and the agreed working time is ultimately met. Mandatory provisions of the Labour Act, in particular maximum working hours and minimum rest periods, must always be respected. Employees cannot be forced to take time off (resp. vacation ), but the employer may allow or require the use of flexitime, grant time off in lieu, or voluntarily grant paid or unpaid leave.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

Prohibitive IT-use rules may be introduced, access to streaming or gambling sites may be blocked, and targeted, proportionate checks may be carried out; blanket or permanent surveillance is not permitted. Employees must be informed of monitoring measures in advance. If misuse is confirmed, proportionate employment-law measures may be taken, ranging from a warning to termination, depending on severity and repetition. Illegal streaming or gambling may justify stricter sanctions, while immediate dismissal without notice is reserved for serious cases.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

Misconduct outside working hours may be sanctioned only if it has a sufficient link to the employment relationship. At a staff-organised World Cup event, misconduct can generally be treated like workplace misconduct and may lead to proportionate measures up to termination. At purely private, unorganised events, the employer may intervene only if the conduct seriously affects the employer’s interests, workplace order, or the relationship of trust. Purely private behaviour without workplace impact cannot be sanctioned.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

No, not in general. An employer can designate the day as a paid public holiday and close operations where feasible. He/she may also continue operations and schedule staff, as long as Sunday and public holiday work rules are followed, including obtaining authorizations and securing employee consent where required for such work.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

Yes, informal office pools are generally lawful if private and non-commercial. No limits apply to entry fees or prizes, though company policy may restrict them.

4 May employers prohibit public displays of rival country team colours in the workplace?

Yes, they may lawfully prohibit public displays of rival country team colours in the workplace. They can impose reasonable dress codes and decorum rules to protect the company image, maintain professionalism, prevent conflicts among staff, or ensure a neutral environment, as long as restrictions are proportionate and not discriminatory.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

Yes, an employer risks discrimination claims under the Gender Equality Act and constitutional rules for unequal accommodations favouring one gender's games or certain nations' over others.

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

Given that the FIFA World Cup will have games broadcast during Swiss nights, some employees may request time off to start work later in the morning, which can be addressed by offering (temporarily) flexible hours on match days.