Best Sexual Harassment Lawyers in Arlesheim

About Sexual Harassment Law in Arlesheim, Switzerland

Sexual harassment in Arlesheim is governed primarily by Swiss federal law, with local enforcement by the Canton of Basel-Landschaft. In the workplace, sexual harassment is expressly prohibited by the Swiss Gender Equality Act and by the employer duty to protect personality rights under the Swiss Code of Obligations. Certain behaviors can also be criminal offenses under the Swiss Criminal Code, including sexual harassment, sexual coercion, and rape. People who experience sexual harassment can seek help through employment processes, civil courts, criminal complaints, and victim support services available in the Basel-Landschaft region.

Arlesheim residents can report incidents to the cantonal police, pursue protective and remedial measures through their employer, and access free or low cost conciliation and court procedures for employment disputes. Victim support is available regardless of whether a criminal complaint is filed.

Why You May Need a Lawyer

Legal advice can help you identify which path best fits your situation, protect your rights, and avoid missteps with deadlines and evidence. A lawyer is especially helpful if you are facing workplace harassment or retaliation, if you are considering a criminal complaint, or if you are negotiating a settlement or severance agreement.

Common reasons to consult a lawyer include ongoing harassment by a manager or colleague, complaints that an employer has not addressed, retaliation after reporting, questions about paid leave or fitness for work certificates related to stress or trauma, abusive termination, cross border issues in the Basel region, requests to sign non disclosure agreements, and confusion about whether conduct is a criminal offense or an employment law violation.

Local Laws Overview

Swiss Gender Equality Act. Prohibits sexual harassment at work, protects against retaliation, and allows compensation if an employer fails to take adequate preventive or corrective measures. Courts may award compensation up to six months of salary in workplace sexual harassment cases, and up to three months of salary in discriminatory hiring cases. The Act encourages internal preventive measures such as policies, training, and reporting channels.

Swiss Code of Obligations. Employers must protect the personality rights and health of employees. An employer that fails to prevent or stop harassment may be liable for damages and moral compensation. Dismissal in retaliation for reporting harassment or asserting equality rights can be considered abusive, with potential compensation up to six months of salary, though employment still ends.

Swiss Criminal Code. Article 198 punishes sexual harassment as a criminal offense and is generally prosecuted upon complaint. You usually have three months from the day you know who the offender is to file a criminal complaint. More serious offenses such as sexual coercion and rape are prosecuted ex officio and carry heavier penalties and longer limitation periods. Police can advise on protective steps and reporting options.

Civil protection. Personality rights under the Swiss Civil Code allow a court to order someone to stop unlawful behavior and to refrain from contact. In cases involving threats or stalking, courts can issue protective orders. Your lawyer can assess whether these measures fit your facts.

Procedure and costs. In employment disputes, conciliation before a cantonal authority is generally mandatory and employee proceedings up to a certain monetary value are simplified and often free of court fees. In Basel-Landschaft, cases then proceed to the competent civil court if not settled. Victim support services under the Federal Victim Assistance Act offer confidential counseling, practical help, and possible financial assistance for victims of crimes against sexual integrity, regardless of whether a complaint is filed.

Local enforcement. The Kantonspolizei Basel-Landschaft handles criminal reports and emergencies in Arlesheim. The cantonal equality office and victim support services provide advice, referrals, and assistance with next steps.

Frequently Asked Questions

What counts as sexual harassment at work in Arlesheim

Sexual harassment includes unwanted conduct of a sexual nature that affects dignity at work. Examples include unwelcome touching, sexually suggestive comments, displaying sexual material, messages or images of a sexual nature, persistent requests for dates, and any behavior that creates a hostile work environment. One incident may be enough if it is severe.

Is sexual harassment a crime in Switzerland

Yes in some circumstances. Article 198 of the Swiss Criminal Code criminalizes sexual harassment, typically prosecuted upon complaint. More serious sexual acts can fall under sexual coercion or rape, which the authorities prosecute ex officio. Your lawyer or the police can help assess which provision applies.

How quickly must I act if I want to file a criminal complaint

For offenses prosecuted upon complaint such as criminal sexual harassment, you generally must file your complaint within three months of learning the identity of the perpetrator. If you are unsure, speak with the police or a lawyer as soon as possible to preserve your options.

What are my rights at work if I report harassment

Your employer must take reasonable measures to prevent and stop harassment, investigate impartially, protect you from retaliation, and implement corrective steps. If the employer fails to act, you can seek compensation and other remedies under the Gender Equality Act and the Code of Obligations.

Can I be fired for reporting harassment

Dismissal because you reported harassment or asserted equality rights can be considered abusive. While the employment relationship still ends, you can claim compensation up to six months of salary. Consult a lawyer quickly if you receive notice of termination after reporting.

What compensation can I receive in a civil or employment case

Possible remedies include compensation up to six months of salary under the Gender Equality Act for harassment at work when the employer failed to act, moral damages for personality rights violations, payment of lost wages, and compensation for abusive dismissal. Amounts depend on the facts, evidence, and the measures your employer took.

Do I need evidence before I speak to my employer or the police

No, but evidence helps. Save messages, emails, images, calendar entries, and chat logs, keep a contemporaneous diary of incidents with dates and witnesses, and note any effects on your health. Do not delete anything. If there are CCTV or badge logs, your lawyer can request preservation.

Can I get help without filing a police report

Yes. Under the Federal Victim Assistance Act, you can receive confidential counseling and practical help from victim support services even if you do not file a complaint. You can also pursue workplace or civil remedies without opening a criminal case.

What if the harassment happens outside the workplace

Harassment in public places, online, or in private settings may still be a criminal offense or a civil violation of personality rights. You can report to the police, seek a protection order, and contact victim support. If the harasser is connected to your job, inform your employer so they can take preventive measures.

How are cases handled in Basel-Landschaft courts

Employment disputes generally begin with a conciliation authority. Many cases settle there. If not, the case can proceed to the competent civil court, with simplified procedure and reduced or no court fees for many employee claims. Criminal cases are investigated by the police and prosecuted by the public prosecutor, with victim rights to be heard and to seek compensation.

Additional Resources

Kantonspolizei Basel-Landschaft. For emergencies call 117. You can make a report at any police station and request an interpreter or a female officer. The police can explain reporting options and protective measures.

Victim Support Basel-Landschaft under the Federal Victim Assistance Act. Provides confidential counseling, psychological support, referrals, and financial assistance for therapy and emergency needs for victims of crimes against sexual integrity.

Office for Equality of Women and Men Basel-Landschaft. Offers information on workplace equality, sexual harassment prevention, and referral to appropriate services.

Cantonal conciliation authority and civil courts for employment disputes in Basel-Landschaft. Handles conciliation and court proceedings for workplace cases, often with simplified procedure and low or no court fees for employees.

Swiss Federal Office for Gender Equality. Publishes guidance on preventing sexual harassment and on employee and employer rights and obligations.

Healthcare and counseling providers in the Basel region. Trauma informed medical and psychological support can document injuries, provide treatment, and support recovery.

Trusted employee representatives or employee advisory offices in your company. Internal processes can be an important first step, especially when combined with legal advice.

Next Steps

If you are in immediate danger, call 117. Seek a safe place and medical care if needed. Document what happened as soon as you can.

Preserve evidence. Save messages, emails, screenshots, and notes. Identify any witnesses. Avoid direct confrontation with the alleged harasser if it compromises your safety or evidence.

Use internal channels. Follow your employer policy to report harassment to HR or the designated contact. Ask for interim protective measures such as schedule changes, separation from the alleged harasser, or remote work. Confirm requests in writing.

Contact victim support in Basel-Landschaft. You can receive confidential advice and practical help even if you are uncertain about legal steps.

Consult a lawyer in Basel-Landschaft. A lawyer can assess whether to file a criminal complaint, how to navigate internal investigations, what claims to bring in conciliation or court, and how to negotiate settlements. Bring your evidence and a timeline of events.

Mind deadlines. For criminal sexual harassment prosecuted upon complaint, the complaint should be filed within three months of knowing the offender. Employment and civil claims also have deadlines. Do not wait to seek advice.

Consider health and work accommodations. Ask your doctor about fitness for work certificates or adjustments. Your employer must protect your health and dignity.

Be cautious with settlements and non disclosure agreements. Seek legal advice before signing anything. Ensure any agreement does not prevent you from reporting crimes to authorities.

This guide provides general information and is not legal advice. Laws and procedures can change. A local lawyer can give advice tailored to your situation in Arlesheim and the canton of Basel-Landschaft.