Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 29.05.2019, 11:41
Senior Member
 
Join Date: Jan 2008
Location: Basel
Posts: 326
Groaned at 40 Times in 21 Posts
Thanked 30 Times in 21 Posts
Gaggiol0 is considered unworthyGaggiol0 is considered unworthyGaggiol0 is considered unworthyGaggiol0 is considered unworthy
Illegal job interview questions

Could you point me to the law which prohibits certain interview questions here in Switzerland?
Do they follow an international standard?
Reply With Quote
The following 3 users groan at Gaggiol0 for this post:
  #2  
Old 29.05.2019, 11:45
Forum Legend
 
Join Date: Jun 2008
Location: Switzerland
Posts: 8,649
Groaned at 314 Times in 241 Posts
Thanked 19,859 Times in 6,923 Posts
k_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond repute
Re: Illegal job interview questions

So what did they ask you?
Political preferences, questions about planning to have children?
Reply With Quote
The following 2 users would like to thank k_and_e for this useful post:
  #3  
Old 29.05.2019, 12:09
Forum Veteran
 
Join Date: Feb 2010
Location: CH
Posts: 624
Groaned at 50 Times in 29 Posts
Thanked 570 Times in 300 Posts
ch2013 has made some interesting contributions
Re: Illegal job interview questions

See here in French and click the menu for German

https://www.jobscout24.ch/pme/consei...mbauche-a6285/
Reply With Quote
  #4  
Old 29.05.2019, 12:11
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 4,787
Groaned at 248 Times in 197 Posts
Thanked 7,869 Times in 3,471 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Illegal job interview questions

Quote:
View Post
Could you point me to the law which prohibits certain interview questions here in Switzerland?
Do they follow an international standard?
Can you point us to the international standard?
Reply With Quote
The following 2 users would like to thank Jim2007 for this useful post:
  #5  
Old 29.05.2019, 12:24
Senior Member
 
Join Date: Jan 2008
Location: Basel
Posts: 326
Groaned at 40 Times in 21 Posts
Thanked 30 Times in 21 Posts
Gaggiol0 is considered unworthyGaggiol0 is considered unworthyGaggiol0 is considered unworthyGaggiol0 is considered unworthy
Re: Illegal job interview questions

They asked my marital status.
Employers are increasingly asking this to their advantage to middle age ppl, they want people fully dedicated and without possible divorce issues. I find this a shame.

I was referring to EEOC but I just realized that applies in the US. Is there a standard which applies in Switzerland or Europe?
Reply With Quote
The following 3 users groan at Gaggiol0 for this post:
  #6  
Old 29.05.2019, 12:37
roegner's Avatar
Moderately Dutch
 
Join Date: May 2011
Location: Zurich
Posts: 11,371
Groaned at 379 Times in 317 Posts
Thanked 14,642 Times in 6,770 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: Illegal job interview questions

Quote:
View Post
They asked my marital status.
Employers are increasingly asking this to their advantage to middle age ppl, they want people fully dedicated and without possible divorce issues. I find this a shame.

Never ever heard that question. Are you sure they not rather want to know if you plan to have any kids?
Reply With Quote
  #7  
Old 29.05.2019, 13:00
Senior Member
 
Join Date: Jan 2008
Location: Basel
Posts: 326
Groaned at 40 Times in 21 Posts
Thanked 30 Times in 21 Posts
Gaggiol0 is considered unworthyGaggiol0 is considered unworthyGaggiol0 is considered unworthyGaggiol0 is considered unworthy
Re: Illegal job interview questions

Quote:
View Post
Never ever heard that question. Are you sure they not rather want to know if you plan to have any kids?
That's exactly the same issue, if you have kids, then they could assume you won't be 100% focused on the job. I am pretty sure it's illegal to ask the marital status, why should they bother if not to take advantage of you?
Reply With Quote
The following 2 users groan at Gaggiol0 for this post:
  #8  
Old 29.05.2019, 13:09
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Illegal job interview questions

Quote:
View Post
That's exactly the same issue, if you have kids, then they could assume you won't be 100% focused on the job. I am pretty sure it's illegal to ask the marital status, why should they bother if not to take advantage of you?
Sounds reasonable, of course they can sack you after you have the kid if they want.
Reply With Quote
This user would like to thank fatmanfilms for this useful post:
  #9  
Old 29.05.2019, 13:18
Forum Veteran
 
Join Date: Feb 2010
Location: CH
Posts: 624
Groaned at 50 Times in 29 Posts
Thanked 570 Times in 300 Posts
ch2013 has made some interesting contributions
Re: Illegal job interview questions

According to the link I posted in my response (did you bother to read it?) gives the pointer to the relevant Swiss laws (LPD, art. 3c et CO, art. 328b) and the type and a list of example questions an interviewer is not allowed to ask the interviewee.

Unless I am mistaken, asking if you are married is not one of those questions.
Reply With Quote
The following 3 users would like to thank ch2013 for this useful post:
  #10  
Old 29.05.2019, 13:24
Guest
 
Posts: n/a
Re: Illegal job interview questions

That question is (unless directly relevant for the job) not seen as proper since it is about your private life, and since refusing to give an answer will very likely end the conversation you are allowed to lie about this.

(and they are allowed to sack you for no reason at all later....)
Reply With Quote
The following 3 users would like to thank for this useful post:
  #11  
Old 29.05.2019, 13:26
Guest
 
Posts: n/a
Re: Illegal job interview questions

Quote:
View Post
According to the link I posted in my response (did you bother to read it?) gives the pointer to the relevant Swiss laws (LPD, art. 3c et CO, art. 328b) and the type and a list of example questions an interviewer is not allowed to ask the interviewee.

Unless I am mistaken, asking if you are married is not one of those questions.
It is your private life, unless such info is needed for the job they are not allowed to ask you about your relation or your partner.
Reply With Quote
This user groans at for this post:
  #12  
Old 29.05.2019, 13:34
Forum Veteran
 
Join Date: Feb 2010
Location: CH
Posts: 624
Groaned at 50 Times in 29 Posts
Thanked 570 Times in 300 Posts
ch2013 has made some interesting contributions
Re: Illegal job interview questions

"It should be noted, however, that only questions to assess the candidate's suitability for the position are allowed. Moreover, according to the law (LPD, article 3c and CO, article 328b), questions concerning personal data *worthy of protection* are not allowed (see chapter 6). If an employer asks such questions during the interview, the candidate is entitled to refuse to answer, but also to lie."
Reply With Quote
The following 3 users would like to thank ch2013 for this useful post:
  #13  
Old 29.05.2019, 13:37
bigblue2's Avatar
Forum Legend
 
Join Date: Mar 2009
Location: Glarus
Posts: 8,082
Groaned at 484 Times in 403 Posts
Thanked 14,715 Times in 5,780 Posts
bigblue2 has a reputation beyond reputebigblue2 has a reputation beyond reputebigblue2 has a reputation beyond reputebigblue2 has a reputation beyond reputebigblue2 has a reputation beyond reputebigblue2 has a reputation beyond repute
Re: Illegal job interview questions

?? even if the question you where asked was illegal, just how are you going to prove it and what do you want to do about it??

don't like the question then don't answer it or lie! if you get the job they'll find out soon enough if you're married.

I've never heard of any employer being worried about divorce issue, so I think that says more about you then them!!
Reply With Quote
The following 2 users would like to thank bigblue2 for this useful post:
  #14  
Old 29.05.2019, 13:38
Guest
 
Posts: n/a
Re: Illegal job interview questions

Quote:
View Post
"It should be noted, however, that only questions to assess the candidate's suitability for the position are allowed. Moreover, according to the law (LPD, article 3c and CO, article 328b), questions concerning personal data *worthy of protection* are not allowed (see chapter 6). If an employer asks such questions during the interview, the candidate is entitled to refuse to answer, but also to lie."
Another list of examples:

https://www.lexwiki.ch/fragen-im-bewerbungsgespraech/ (German)

Quote:
Als unzulässige Fragen im Bewerbungsgespräch hingegen gelten im Allgemeinen die folgenden:

Fragen zum Lebenspartner, Heiratsabsichten und Familienplanung
Fragen zu privaten Lebensgewohnheiten, Hobbies oder Wohnsituationen
Nebenbeschäftigungen bei Teilzeitstellen
Status Links- oder Rechtshänder
Fragen zum allgemeinen Gesundheitszustand sowie Fragen über Krankheiten und Behinderungen ohne Arbeitsplatzbezug
Fragen über genetische Defekte
Fragen über den Hausarzt und Krankenkasse
Fragen über das Bestehen einer Schwangerschaft (ausser bei Gesundheitsgefährdung der werdenden Mutter oder des Kindes)
Das Figurieren des Bewerbers auf schwarzen Listen
Reply With Quote
  #15  
Old 29.05.2019, 13:53
Forum Legend
 
Join Date: Jun 2008
Location: Switzerland
Posts: 8,649
Groaned at 314 Times in 241 Posts
Thanked 19,859 Times in 6,923 Posts
k_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond repute
Re: Illegal job interview questions

Quote:
Quote:
Fragen zum Lebenspartner, Heiratsabsichten und Familienplanung

That's something different than asking about the marital status, right?


Note that the marital status is tax-relevant and you anyway need to declare it once you have the job.
Reply With Quote
The following 3 users would like to thank k_and_e for this useful post:
  #16  
Old 29.05.2019, 13:55
Member
 
Join Date: Jan 2011
Location: Formerly Vaud
Posts: 169
Groaned at 13 Times in 10 Posts
Thanked 83 Times in 64 Posts
henrikh has made some interesting contributions
Re: Illegal job interview questions

Quote:
View Post
According to the link I posted in my response (did you bother to read it?) gives the pointer to the relevant Swiss laws (LPD, art. 3c et CO, art. 328b) and the type and a list of example questions an interviewer is not allowed to ask the interviewee.

Unless I am mistaken, asking if you are married is not one of those questions.
But there is a question which is somewhat related to the same topic:

Etes-vous divorcé(e)? (Are you divorced?)
Reply With Quote
  #17  
Old 29.05.2019, 14:04
John_H
 
Posts: n/a
Re: Illegal job interview questions

I've done quite a few interviews in my time and to be honest if I ask you some of these questions it's not because I'm trying to catch you out or work out when you might get pregnant or divorced or how often your kids are sick.
It's often just small talk to see how you communicate .. Will this (wo)man fit in with the team type thing.

In follow ups afterwards with HR etc, we don't sit there and try to read between the lines.

I'm sure some companies might discriminate but i doubt all of them do.
Reply With Quote
This user would like to thank for this useful post:
  #18  
Old 29.05.2019, 14:12
Guest
 
Posts: n/a
Re: Illegal job interview questions

Quote:
View Post
That's something different than asking about the marital status, right?
No

So you really think that if they are not allowed to ask if you are going to get married and they are not allowed to ask anything about a partner, asking if one is married is perfectly fine? How bizarre.
Quote:

Note that the marital status is tax-relevant and you anyway need to declare it once you have the job.
Irrelevant during a job interview since it does not effect the company itself, it only effects how such percentage they should withhold from the salary, married or unmarried are equal when it comes to employer costs.
Reply With Quote
  #19  
Old 29.05.2019, 14:13
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 4,787
Groaned at 248 Times in 197 Posts
Thanked 7,869 Times in 3,471 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Illegal job interview questions

Quote:
It is your private life, unless such info is needed for the job they are not allowed to ask you about your relation or your partner.
It is a requirement for the pension fund.
Reply With Quote
The following 3 users would like to thank Jim2007 for this useful post:
  #20  
Old 29.05.2019, 14:14
Guest
 
Posts: n/a
Re: Illegal job interview questions

Quote:
View Post
I've done quite a few interviews in my time and to be honest if I ask you some of these questions it's not because I'm trying to catch you out or work out when you might get pregnant or divorced or how often your kids are sick.
It's often just small talk to see how you communicate .. Will this (wo)man fit in with the team type thing.

In follow ups afterwards with HR etc, we don't sit there and try to read between the lines.

I'm sure some companies might discriminate but i doubt all of them do.
Yep, I personally don't mind such question. And I even have my status mentioned in my CV. If such info blocks getting the job I would not want to work there anyway, since that can't be the only thing wrong in such company.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
University interview questions NewHereLu Education 0 27.11.2018 18:08
Job interview advice, dealing with tricky questions amogles General off-topic 9 13.06.2017 11:35
naturalization interview questions lucaskolb Permits/visas/government 1 01.06.2015 23:34
Sexist interview questions red_conundrum Employment 103 13.06.2013 22:48
Illegal Interview questions magyir Employment 53 10.11.2010 21:44


All times are GMT +2. The time now is 15:36.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0