Remote Work Drives Surge in Employer Duty-of-Care Cases Across Switzerland and Germany
Published on 07/24/2026 at 10:02 | Redaktion boerse-global.de
A major Swiss legal protection insurer recorded a 36 percent jump in cases involving breached employer duty-of-care obligations in 2025, while wrongful dismissal claims climbed 26 percent. Experts attribute the rise to mounting cost pressures, the complexities of remote work, and deteriorating communication between managers and staff.
The trend mirrors growing concerns about psychological strain in the workplace. A January 2026 study by the IU International University found that roughly 40 percent of respondents feel constantly “on call,” and one-third believe they must remain reachable outside working hours. Specialists at TÜV Rheinland now advocate for a health-conscious leadership style that prioritizes genuine breaks and recognition.
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Courts Draw Clear Lines on Surveillance
Technology giant Meta suspended its internal “Model Capability Initiative” tracking program after it logged employees’ mouse movements, clicks, and keyboard inputs to train artificial intelligence models. Data privacy concerns and potential violations of the General Data Protection Regulation (GDPR) forced the halt.
Hiring private detectives to monitor sick workers carries significant legal risk. A labor court in A Coruña, Spain, nullified the dismissal of an employee who had suffered a stroke and was unable to work. Her employer had her observed, using footage of everyday activities like grocery shopping to claim she was faking illness. The court ruled such activities do not prove fitness for work and awarded her €5,000 in compensation. In Germany, the Federal Labor Court (BAG) made clear in summer 2024 that surveillance is only permissible when there is a concrete and justified suspicion.
Private Chats: When Protection Fails
Private WhatsApp conversations generally enjoy legal protection — but not without exception. The BAG ruled in August 2023 that protection can lapse in cases of severe insults or dehumanizing remarks. The group size and participants’ reasonable expectation of confidentiality are decisive factors.
A tasteless joke does not automatically justify termination, the Schleswig-Holstein Regional Labor Court found in August 2025. An employee had shared a video depicting a eulogy for a still-living colleague. The court deemed the summary dismissal invalid because the video circulated only within a small group and had no external impact. A written warning would have sufficed.
2026 Reform Package Reshapes Employment Law
The German federal government unveiled a comprehensive reform package in early July 2026. Key changes include:
- Written form requirement dropped: Starting January 1, 2027, employment contracts can be concluded electronically.
- Sick leave notification: The telephone-based sick note system will be abolished, replaced by a requirement to submit a medical certificate from the first day of illness.
- Fixed-term contracts: Contracts without a specific reason can now extend up to 48 months, initially through the end of 2030.
- High earners: Employees earning above €177,450 annually will face an expanded dissolution claim, making it easier to dismiss executives.
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For companies, these developments demand updated contract templates and revised management processes to align with the new legal framework and evolving case law.
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