Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Equal Remuneration Convention, 1951 (No. 100) - Switzerland (Ratification: 1972)

The Committee notes the information provided in the Government’s report and the attached documentation.

1. The Committee notes the study "Comparative analysis of wages of men and women based on the 1994 and 1996 surveys of wage structures". It also notes the "Swiss survey of wage structures 1996" and the press release published by the Federal Statistical Office in 1999 with the results of the 1998 survey of wage structures. The Committee notes that the wage gap continues to be reduced slowly. In 1998, the difference between men’s and women’s wages was 22 per cent in the private sector (23 per cent in 1996), compared with 9 per cent in the public sector (11 per cent in 1996). The Committee notes that statistical data were also collected in 1998 respecting the wages of men and women employed in the cantonal administration, and that the results were published during Spring 2000. The Committee asks the Government to supply a copy of the above data and to continue providing information on the results of future surveys. In this regard, the Committee notes the Government’s statement that so far the data compiled on earnings in the Federal Statistical Office’s surveys of wage structures do not as yet show all the various components of remuneration, as recommended in the Committee’s general observation of 1998, but that this should be overcome in the survey for 2000. The Committee therefore hopes the Government will be in a position to supply full statistical information with its next report.

2. The Committee notes with interest from the Government’s report that the Federal Administration adopted on 1 March 1999 a "Swiss Action Plan for Equality between Women and Men" under which the action to be taken to promote equal remuneration for men and women workers for work of equal value will include: the creation of machinery to ensure that no discrimination occurs when measuring work performance before introducing remuneration based on merit; the introduction of a control mechanism at the federal level to ensure that subcontractors under public contracts respect the principle of equal remuneration for men and women workers for work of equal value; and calling upon the Federal Administration to examine whether its current wage system causes direct or indirect structural discrimination and, if so, to take action and remedy it.

3. Pointing out that sections 14 and 15 of the Federal Act on Equality between Men and Women allow for the possibility of providing support to private and public organizations for the adoption of promotional measures, the Government provides details on projects that were granted funding in 1998 and 1999. The Committee notes that several projects promote the application of the Convention, including one project consisting of the re-evaluation and reclassification of non-skilled work in the watchmaking industry which resulted in an increase in the wages of women workers in Geneva.

4. The Committee notes that since 1999 the Federal Bureau on Equality between Men and Women has been publishing annually the newsletter "Paso doble", containing information on equality programmes and court cases relating to equality issues, and particularly issues relating to equal remuneration for men and women workers for work of equal value. It also takes note of the book "When the work is equal: Non-discriminatory evaluation of workers" published in 2000 and the pamphlet "Practice makes perfect", both of which contain practical guidance and recommendations for the application of non-discriminatory job evaluation when introducing remuneration based on merit. The Committee asks the Government to continue to provide information on the measures taken to promote the application of the Federal Act on Equality and, in particular, on the promotional programmes undertaken and the advisory services provided on equal remuneration between men and women workers for work of equal value.

5. With regard to court decisions relating to the application of the principle of equal remuneration under the Federal Act on Equality, the Committee notes from the Government’s report that the appeal made to the Federal Tribunal by the women home economics teachers in Fribourg, seeking equal wages with their male colleagues, is still pending. The Committee also notes from the Government’s report that the Federal Tribunal has dealt with 18 cases relating to equal remuneration, of which 16 concern communal or cantonal workers seeking readjustment of their wages. It requests the Government to supply copies of the decisions when they are issued.

6. The Committee notes the Government’s statement that the following principles have emerged from the Federal Tribunal’s case law respecting equal remuneration for men and women workers for work of equal value: there is a five year time limit on bringing a case to court, starting from the date on which the discrimination occurred; and the right to equal wages applies to all men and women workers irrespective of the financial situation of the employer. In this respect, the Committee further notes the information provided in the Government’s report concerning the case M.B. v. the Canton of St. Gallen of 17 May 2000, in which the Federal Tribunal found that, for the purpose of calculating the wage of a teacher, in view of labour market mechanisms, comparison may be made with wages in the private sector. The Federal Tribunal further found in this case that, due to the lack of competition on the labour market, lower pay is justified for teachers of psychiatric nursing than for teachers of technical professions in vocational schools. It added that a commune, when calculating the wages of a group of professional workers, may take into consideration the actual costs of their education. The Committee notes the comments made by the Swiss Federation of Trade Unions to the effect that the decision in this case is contrary to the achievement of the principle of equal remuneration for men and women workers for work of equal value. The Committee asks the Government to supply any information on the extent to which measures have been taken or are envisaged to offset the negative impact that the use of the labour market mechanism may have on the achievement of equal remuneration between men and women in the teaching profession.

7. The Committee notes with interest from the Government’s report that section 8(1) of the Public Contracts Act of 16 December 1994 states that contracts can only be awarded to subcontractors who guarantee equal remuneration for men and women workers for work of equal value. Furthermore, the adjudicator can control compliance with the principle, or have it controlled (section 8(2)). The Committee notes with interest that the burden of proof is placed on the bidder. It also notes that under section 6 of the Public Contracts Order of 11 December 1995, the role of supervision may be transferred to the federal, cantonal or communal bureaux on equality. The Committee takes note of the Government’s statement that this supervision has still not been implemented and that the Federal Bureau on Equality between Men and Women has therefore called for the development of an econometric supervisory instrument, which was due to be completed at the beginning of year 2001. The Committee asks the Government to supply a copy of the instrument once it has been finalized and to provide information on the implementation of these provisions.

8. The Committee notes that the pilot project to evaluate key qualifications, which can be used both for deciding to employ a worker or for determining wages, has been carried out both in the Federal Statistical Bureau and in the private sector and that it will be extended to the Federal Administration. It asks the Government to keep it informed of any findings of such study related to the application of the Convention.