Extreme sports and accidents under Swiss law
Employees are increasingly taking risks in their leisure activities, sometimes indulging in the most extreme sports. To prevent absences from work and the associated costs, employers may be tempted to prohibit certain sporting activities. In the event of an accident, the question of salary entitlement arises.
The employer may only issue directives on the performance of work and the conduct of employees within the company. Directives on the conduct of the employee outside the company are subject to strict conditions and must relate to the performance of the work. Thus, in principle, the employer may not prohibit the practice of certain extreme sports that involve risks. However, in case of an accident related to the practice of an extreme sport, the accident insurance is entitled to reduce or even cancel its benefits, under certain conditions. In such a situation, the question arises as to whether the employer is entitled to the payment of his salary.
This article develops the following topics:
- employer's guidelines
- guidelines for the conduct of employees outside the company
- workers' freedom of choice of leisure
- practice of extreme sports
- accident insurance
- non-occupational accidents due to recklessness
- entitlement to wages in the event of accidents related to the practice of extreme sports
- absence of coverage of the loss-of-earnings insurance for certain activities