Employment law

What are prospective employers allowed to ask during the application process?

A prospective employer may only ask questions that are directly related to the future employment relationship and are relevant to the potential employment contract. Asking someone about their HIV status would violate their right to privacy and is therefore not allowed. If the question is asked anyway, it doesn’t have to be answered truthfully (right to lie in self-defence).

Are there any jobs that people living with HIV are not allowed to do?

In Switzerland, there are no jobs that people living with HIV are not allowed to work in. This also applies to healthcare jobs that may involve contact with other people’s blood. Provided that the normal, prescribed hygiene rules are followed, there is no risk of HIV being transmitted.

Are pension funds and daily sickness allowance insurers allowed to ask health-related questions?

Under the compulsory occupational benefits scheme, no health-related questions may be asked. However, the situation is different for the voluntary scheme, where health-related questions are permissible and must be answered truthfully. The pension fund can then impose a waiting period of up to five years for HIV. When switching to a different pension fund, the waiting period already served must be recognised in full by the new pension fund.

Since daily sickness allowance insurance is a form of voluntary insurance, insurers are legally entitled to assess the health status of applicants and refuse to cover individuals with pre-existing conditions. However, most collective daily sickness allowance insurers waive these assessments and will accept all employees of a company regardless of their health status and without requiring a health check.

Can someone be dismissed for having HIV?

Dismissal solely on the grounds of having HIV is considered wrongful under the law, as HIV does not typically affect someone’s work performance and is considered a personal characteristic. However, even if the person affected can prove that their dismissal was wrongful, the employment relationship will still end. Nevertheless, if a court rules that the dismissal was wrongful, the employer can be made to pay compensation of up to six months’ wages. 

Are employers allowed to mention the health status of employees in job references?

No, employers are generally not allowed to comment on the health of employees in a job reference, unless their health status has significantly affected their performance and is likely to continue doing so in the future. On no account may diagnoses be mentioned.

Detailed information can be found in the brochure Job und HIV (in German and English) and in the Legal Guide HIV (chapter «employment law»).