22 Nov, 2022 by Marianne Favre Moreillon

Burn out: what are the responsibilities?

22 Nov, 2022 by Marianne Favre Moreillon

A chronic lack of personnel or poor organization of the company can lead to the deterioration of the psychological state of the employee. What is the legal situation?

Burnout, or professional exhaustion, is a severe state of overwork due to the harmful effects of the nature of the work, its organization or its environment. The employer who does not take adequate measures risks liability.

This article develops the following topics:

  • burn-out situations and main factors
  • distinction between burnout and mobbing
  • duty to protect the health of employees
  • dismissal following a burnout
  • Dismissal following an employee's claim
  • violation of the employer's obligations and dismissal
  • sanctions for wrongful dismissal
  • moral damage, case judged by the Federal Court

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