Duty of Care under Swiss Law

Page 17

Figure 5: Processes of each duty

Duty of Information

Duty of Prevention

Recruitment Induction / Onboarding Training Risk assessment Pre-departure briefings for travellers

Risk treatment Pre-departure measures for travelers Insuring against risks

Duty of Care Duty of Monitoring Auditing Safety and security incident information management Documentation

Duty of Intervention Crisis management Post-deployment/travel de-briefings Complaints mechanisms Disciplinary/sanctions procedures Health and safety Redress measures Risk management process Partnership arrangements

The following section of this report summarises the key learnings and examples of good practice obtained through the research concerning the four overarching duties and key processes presented within those. The resulting framework was used to inform the development of a maturity model matrix, which serves as a tool for NGOs to assess the maturity of their duty of care processes from the safety and security risk management perspective.

1. Duty of information “Employers must inform workers of any unusual risks the latter may not be aware of and of the steps they must take to avoid them…all employers who have taken care to inform their employees properly about foreign postings are advised to sign, and get the workers to sign, a statement confirming that the latter have received all the appropriate explanations about the situation in their country of destination and that they have been able to ask competent, experienced people any questions about safety, living conditions, the health infrastructure and, 15 in general, health risks in that country.”

A Swiss legal expert consulted as part of this study additionally highlights the obligation to instruct employees at the start of their employment and to track that information is duly provided. Employees must be informed of policies, and employment agreements should refer to these policies. These policies should be updated every time an important modification to the

15

Chavanne (2012), p. 12.

© cinfo 2018 – www.cinfo.ch – Duty of Care Maturity Model – cinfo in collaboration with EISF

17


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.