Topics:
- Duty of care: Employers' responsibility for foreign assignments
- Knowledge is only of value if you pass it on - Roland V. Weber's amazing book about the second centre of life
- The Global Rockstars Program
- IPMI News
- Global Mobility Event for existing and future customers
Duty of care: Employers' responsibility for foreign assignments
When an employer sends an employee abroad, questions may arise about the risks to which the employee is exposed, how these can be avoided or minimised and what responsibility the employer bears. The ‘duty of care’ has long been a relevant topic, even in Switzerland, where personal responsibility is traditionally held in high regard. But where does the employee's reasonable personal responsibility end and the employer's begin?
Legal framework
The most important basis for clarifying this question is Article 328 para. 1 of the Swiss Code of Obligations (OR), which states that the employer must respect and protect the employee and take their health into consideration. This includes measures to protect life, health and personal integrity that correspond to the state of the art and the operational conditions. This Swiss law also applies to temporary assignments abroad. Local law in the host country may also be relevant.
The employee also has duties of care (see Art. 321a of the Swiss Code of Obligations).
Support from international insurers and specialised service providers
International insurance solutions such as health insurance (IPMI), travel insurance (CTI), pension plans and risk cover (IPP and IGP) support employers in the fulfilment of their duty of care obligations. On the one hand, this ensures that there is sufficient insurance cover abroad and, on the other hand, international insurers also offer certain additional services to help in emergency situations.
Nevertheless, the employer must consider various scenarios and implement processes. The aforementioned services of international insurers have their limits. Specialised providers such as ISOS, Healix or Crisis24 can offer valuable additional support here, e.g. through
- travel preparation and briefings on health and safety risks in the host country
- discussing and organising safety measures for the planned trip
- providing up-to-date information during the trip (push messages)
- a 24-hour contact person for medical emergencies, political unrest, environmental disasters, etc.
- overview of employees' whereabouts via dashboard (e.g. for HR) and involvement/dialogue with the employer in important decisions (e.g. evacuation)
- Professional case management.
The case of Dhaka
During the current unrest in Dhaka, we were recently contacted by a customer whose employee was stuck there. Flights had been cancelled, the internet was down and there was a real threat to the employee's life and limb, or at least it could not be ruled out. The FDFA had not yet published any information. In situations like this, it is about the employee's safety and sense of security and not about the question of who pays any additional cost incurred. As an employer, you are quickly overwhelmed and helpless in such a situation. The travel insurer was also only able to help to a limited extent, as no damage had yet occurred and the role of adviser and counsellor was rather ‘foreign’ to it, so it was not possible for the insurer to closely accompany the employee. A few days later, the employee was able to leave the country. Now it is still a matter of settling the cost incurred. This is then more of a core competence of the travel insurer.
Conclusion
The above-mentioned offers from specialised service providers for further support are not cheap, but their added value is particularly evident in crisis and emergency situations as described above, and crisis situations are unfortunately on the rise at the moment. Destinations, frequency of travel and travellers' experience certainly also play a role in deciding whether or not to purchase such a service and where personal responsibility is sufficient or not.
It remains important for employers to consider the risks before sending employees abroad. Employees must be well prepared and processes implemented in the event of a crisis, not just when an emergency occurs. This enables the employer to fulfil its duty of care.
We are happy to provide support!
Roland V. Weber, a globetrotter with residences in the Emirates, Spain and Switzerland, has compiled his extensive travel experiences in a unique book: a rating on the second centre of life (2nd LMP).
He rates 53 destinations, from exotic destinations such as the Pitcairn Islands (Mutiny on the Bounty!) to options such as New Zealand, Chile, Vietnam or Sicily and, of course, the well-known ‘hot spots’.The process of elimination means that every reader can discover their own personal dream destination.
This original and exciting work is a must for anyone thinking about a second centre of life. If you would like to know which countries are at the top and bottom of the rankings, you can order the book at the special price of CHF 59.90 plus postage at https://2lmp.ch (please quote order code EP5990).
Incidentally, we are pleased to be able to support Mr Weber in insurance matters so that he can devote himself fully to his writing.
Many of you know Angie Weinberger from Global People Transitions. Aligned with her last publication, the Global Rockstar Album (2023) https://www.angieweinberger.ch/the-global-rockstar-album) she launched a new program to help Expats (and other line managers) to become more inclusive leaders of global virtual and hybrid teams.
The program includes a career goal-setting session, a personal Development Plan, a weekly 1:1 coaching session, content and many other coaching elements that will take the client further.
Just contact Angie directly via This email address is being protected from spambots. You need JavaScript enabled to view it. to find out more!
As previously announced, Allianz has launched a new international health insurance product in Switzerland called Swiss+. It is aimed at customers with large numbers of insured persons who wish to insure expatriates in Switzerland and abroad, with or without compulsory KVG cover. In contrast to the other Allianz CH products, this product does not charge a deductible or excess. This means that insured persons with and without KVG are treated equally. The preferred KVG partner is KPT. Contact us for more information.
Global Mobility Event for existing and future customers
On Wednesday, 6 November 2024, our traditional Global Mobility Event will take place at the FIFA Museum in Zurich Enge - together with partners and sponsors. For further information please contact us!