Support and procedure
This section sets out the steps that can be taken depending on your personal situation: informal support, formal procedures, or legal proceedings.
Support and procedures available to those directly concerned
If possible, react quickly, informing the person suspected of harassment verbally or in writing that their behaviour will not be tolerated.
However, we know that it is not always possible to react immediately. You can ask for help at any time, even later on.
In the event of alleged sexual harassment, contact one of the information and advisory services to consider the options and steps available.
Informal support
Informal support guarantees confidentiality: no action will be taken without your consent, and the possible offenders will not be informed of your action. You can contact the following offices in confidence for information, advice and/or support:
Confidential external services
- Personnel and Social Counselling Service of the Federal Administration (de, fr, it)
- FOPER's mediation service
- Conciliation board under the Gender Equality Act (GEA), fr/de/it
- Specialised external services (fr)
- Local counselling office in the host country
Confidential internal services
- FDFA Compliance Office: by phone or email (compliance@eda.admin.ch) or via the FDFA whistleblowing platform
Your employer will only be informed of your action if you expressly ask the office contacted to do so.
Please note that line managers and HR advisers have a duty to act if they observe or become aware of a possible case of sexual harassment.
Formal procedure
Anonymity is not possible for the formal procedure, as the procedural guarantees of the parties (possible offender and victim) must be respected.
A formal procedure begins when you:
- report the situation to your direct line manager or to the relevant unit within the HR Advisory Services section (or to the head of mission, for local staff), or
- explicitly request that a procedure be initiated.
Initially, if you wish, your HR adviser or line manager can work with you to find a consensual solution, whether this involves a meeting between the people concerned or another approach to resolving the situation. If such a solution cannot be envisaged or if you do not wish to discuss the matter with the possible offender, the employer (head of FDFA Human Resources or head of mission if the situation only concerns local staff) will examine your report and may ask for an investigation which, depending on the case, is entrusted to external service providers. The measures taken by the employer depend on the investigation's findings and may range from disciplinary action to termination of the contract.
If you have previously contacted the FDFA Compliance Office as part of the informal support process, that office can forward your concern to the head of FDFA Human Resources or the head of mission, if you expressly request this.
The procedure also guarantees the rights of the accused. Both parties may be accompanied by a lawyer or an authorised organisation. Provisional measures may be taken during the investigation.
Legal proceedings
In addition to informal support and the formal procedure, there are three possible options:
a) proceedings under the Gender Equality Act (GEA) – only for contracts governed by Swiss law;
b) a civil law action; or c) criminal proceedings.
For offences committed abroad, local law applies.
The GEA proceedings make it possible to apply for an order:
- prohibiting threatened discrimination
- requiring existing discrimination to cease
- confirming that discrimination is taking place if it is continuing to have a disruptive effect
Prior conciliation is possible through the relevant board within the timeframe provided for (30 days).
In cases of proven bad faith, those wrongly accused may initiate civil or criminal proceedings against the person who made the accusation.
Useful contacts for obtaining advice can be found in the Information and advisory services.
Documents
Respect in the workplace
All staff are entitled to a working environment free of sexual harassment.
Information and advisory services
For the FDFA, it is important that that all employees are able to develop their skills and carry out their tasks in a good working environment.
FAQ
Useful Information on sexual harassment.
Spanish version
Apoyo y procedimientos
Estos centros le informarán sobre las distintas posibilidades de actuación, tanto formales como informales. El objetivo del apoyo es frenar con la mayor celeridad posible el acoso sexual.
Contact
FDFA, Directorate for corporate ressources DR
Eichenweg 5
3003 Bern