Editing Whistleblowing (section)

===Switzerland===
The Swiss [[Council of States (Switzerland)|Council of States]] agreed on a draft amendment of the [[Swiss Code of Obligations]] in September 2014. The draft introduces articles 321a<sup>bis</sup> to 321a<sup>septies</sup>, 328(3), 336(2)(d).<ref>{{cite web|title=Schutz bei Meldung von Unregelmässigkeiten am Arbeitsplatz|url=http://www.admin.ch/opc/de/federal-gazette/2013/9589.pdf|access-date=22 October 2014}}</ref> An amendment of article 362(1) adds articles 321a<sup>bis</sup> to 321a<sup>septies</sup> to the list of provisions that may not be overruled by labour and bargaining agreements.<br />
Article 321a<sup>ter</sup> introduces an obligation on employees to report irregularities to their employer before reporting to an authority. An employee will, however, not breach his duty of good faith if he reports an irregularity to an authority and
* a period set by the employer and no longer than 60 days has lapsed since the employee has reported the incident to his employer, and
* the employer has not addressed the irregularity or it is obvious that the employer has insufficiently addressed the irregularity.
Article 321a<sup>quarter</sup> provides that an employee may exceptionally directly report to an authority. Exceptions apply in cases
* where the employee is in a position to objectively demonstrate that a report to his employer will prove ineffective,
* where the employee has to anticipate dismissal,
* where the employee must assume that the competent authority will be hindered in investigating the irregularity, or
* where there is a direct and serious hazard to life, to health, to safety, or to the environment.
The draft does not improve on protection against dismissal for employees who report irregularities to their employer.<ref>{{cite web|title=Botschaft über die Teilrevision des Obligationenrechts |url=http://www.admin.ch/opc/de/federal-gazette/2013/9513.pdf|access-date=23 October 2014}}</ref> The amendment does not provide for employees to [[Anonymity|anonymously]] file their observations of irregularities.