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The basis for legal advisory with regard to potential hazards due to mental stress in the company is § 5 of the Occupational Health and Safety Act (ArbSchG) in the Federal Republic of Germany.

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In Switzerland, employers are obliged to ensure the health protection of their employees. Four legal forms are important:
  • Article 328 of the Swiss Code of Obligations (OR)
  • Article 6 of the Labour Act (ArG)
  • Articles 2 & 3 of Ordinance 3 to the Labour Act (Health Care Ordinance, ArGV3)

In Italy, there are still no relevant articles from a labour law perspective that protect the mental health of employers and employees.

Work-related stress is therefore also a current problem from a legal perspective.

We advise employers on how to prevent employee burnout and protect them from the legal consequences of burnout-related illnesses.

Specifically, we advise you on the following key issues:

  • Employer liability risks (when employees suffer from burnout?)
  • Employee protection against dismissal (employer’s rights and obligations)
  • Continued payment of remuneration (e.g. continued payment of wages in the event of illness)
  • Reintegration (rights of the employee)

In our advisory sessions, we will review your situation together with you and develop solutions.