In Switzerland, more and more companies refuse to hire smokers on the pretext that they do not correspond to the values they wish to convey. A practice deemed discriminatory and prohibited by law in France.
In terms of tobacco consumption, Switzerland is much less open than France. While in our country, despite a recent historic decrease in the number of smokers, cigarettes remain anchored in our mores, it is very frowned upon by our Swiss neighbours. As shown by a TF1 report published on November 29, there, more and more companies refuse to hire smokers. According to the Federal Office of Public Health, the latter represent 27.1% of the population.
The report illustrates in particular the case of Felfel, a company specializing in the supply of refrigerators for “healthy and organic” meals where the 85 employees are prohibited from smoking, even during their break. The cause: this is not compatible with the values that society wants to convey. “It’s very important to have a healthy lifestyle,” says Anna Grassler, the deputy general manager, adding to look for “people who don’t smell like cigarettes and can go a day without.”
This company is far from being an exception since more and more employers in the field of catering, cosmetics or health mention that they are looking for non-smokers in their job offers. Unsurprisingly, these are controversial. “It is private, it is not appropriate in a job offer (…) That someone smokes in their free time or during a break does not concern the employer”, gets carried away Philipp Zimmermann, door- words of the Unia trade union, quoted by The Republican East.
Legal hiring practices
However, in Switzerland, these advertisements are not illegal. “Especially since employers have a legal obligation to guarantee their employees a tobacco-free place,” explains Roger Rudolph, professor of labor law at the University of Zurich, also quoted by the regional daily.
However, a report published a few days ago denounces a local policy that is too lax towards tobacco. According to The Tribune of Genevathe document pinpoints the influence of large tobacco companies, such as Philip Morris International or British American Tobacco, which have their headquarters in Switzerland and are said to have “practices aimed at influencing Swiss health policy”.
In France, this is completely prohibited.
In France, specifically mentioning that you are looking for a non-smoking employee is completely prohibited. This “seems to me to be a problem with the principle of non-discrimination either because of morals or health”, explains master Jonathan Kochel, lawyer and teacher in labor law in Lyon, to LCI. In the past, the former High Authority for the Fight against Discrimination and for Equality had moreover described such a scenario as prohibited discrimination.
The penalties incurred for discrimination in hiring can go up to a fine of €45,000 and three years in prison for natural persons. For legal persons, the fine is multiplied by five. The penalty can therefore reach a maximum of €225,000, as well as a possible ban on carrying out the activity in which the offense was committed.
However, employers have the right to ask smokers to wash their hands or chew gum so as not to disturb their colleagues or customers. And while 12.2 million people still smoked in May 2017, a historic drop was reported in March. Indeed, according to the government, the number of daily smokers has decreased by 1.6 million since 2016.
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