Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Switzerland (Ratification: 1999)

The Committee notes the Government’s report on the application of the Convention. It also notes the comments of 15 February 2002, 11 October 2002 and 29 October 2004 by the Swiss Federation of Trade Unions (USS/SGB), and those of 12 November 2004 by the Union of Swiss Employers (UPS) asserting that the provisions of the Convention are fully applied in Switzerland.

Articles 1 and 3 of the Convention. Protection against anti-union dismissals. The Committee notes that the USS/SGB asserts that protection against anti-union dismissals is inadequate and refers to a number of court decisions on this matter. The Committee also notes the Government’s reference to its comments of 1 April 2004 responding to a complaint filed to the Committee on Freedom of Association (Case No. 2265) by the USS/SGB on 14 May 2003. The Committee notes in this connection that in its recommendations, the Committee on Freedom of Association invited the Government, together with the employers’ and workers’ organizations, to examine the present situation in law and in practice as concerns protection against anti-union dismissals so that, in the light of the principles cited by the above Committee, and if the tripartite discussion considers it necessary, measures are taken to ensure that such protection is truly effective in practice [see 335th Report, paragraph 1356]. The Committee concurs with this recommendation.

Article 2 of the Convention. Protection against acts of interference. The USS/SGB mentions its misgivings about the fact that, to avoid having to negotiate with unions, employers are instigating and partly financing the establishment of staff associations and even the replacement of unions by staff committees. Noting that the USS/SGB mentions a number of companies by name, the Committee requests the Government to respond to these observations and to ensure that the principle of non-interference in trade unions is observed, as required by Article 2 of the Convention.

Article 4 of the Convention. Promotion of collective bargaining. According to the USS/SGB, collective bargaining in Switzerland is not extensive enough and for years Switzerland has shown no interest in furthering the implementation of the Convention. Furthermore, the public authorities have done nothing to encourage voluntary bargaining within the meaning of the Convention, and it has become common practice in Switzerland for trade unions to be kept out of discussions on working conditions, as management prefers to deal with staff representatives in order to weaken the employers’ and workers’ organizations concerned. The Committee requests the Government to respond to these observations and to ensure that Article 4 of the Convention is observed. It also requests the Government to supply statistical information on the number of collective agreements by sector and the number of workers covered.