Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Switzerland (Ratification: 1975)

The Committee takes note of the Government’s report. It also notes the comments by the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006, those of the Swiss Federation of Trade Unions dated 12 September 2006, and those of the Swiss Employers’ Federation dated 28 September 2006, all of which refer to matters that the Committee has already raised.

Article 3 of the Convention. 1. In its previous comments, noting that the Ordinance on Confederation Personnel, which entered into force on 1 January 2002, excludes from the right to strike persons exercising authority in the name of the State or providing essential services, the Committee asked the Government to indicate the compensatory guarantees provided for in the legislation for the staff of the federal administration (other than the armed forces) who are deprived of the right to strike, and in particular for civilian customs personnel. The Committee notes the Government’s statement that no measures or procedures are in place or planned for staff of the federal administration who are denied the right to strike, and that there have been no judgements concerning federal staff and the Convention. The Government also indicates that the Committee’s interpretation of the Convention’s provisions on the right to strike is not authoritative and was not taken up by the Conference Committee.

The Committee once again points out that the right to strike must be considered as an activity of workers’ organizations within the meaning of Article 3 of the Convention and that if this right is restricted or prohibited, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 149 and 164). The Committee therefore requests the Government to take the necessary steps to set up procedures for the compensation of persons exercising authority in the name of the State or providing essential services who are deprived of the right to strike, and to provide information in its next report on all such measures taken.

2. With regard to the prohibition of the right to strike for public officials of some cantons and the obstacles to the exercise of this right which are said to exist in some communes, the Committee noted previously that the results of consultations with the cantons had been sent to a committee of the National Council, and asked the Government to provide information on the results of these consultations to enable it to examine the legislation and practice. The Committee notes that, according to the Government, the results of the consultation were indeed forwarded to a parliamentary committee charged with considering a parliamentary initiative filed in 1991 seeking ratification by Switzerland of the European Social Charter. In the Swiss parliamentary system, a parliamentary initiative is dealt with directly by Parliament and the Government assists Parliament with specific tasks. Here, the matter was examined in the light of Article 6(4) of the European Social Charter which refers to the right to strike, and not the Convention, which says nothing on the subject. In accordance with the principle of the separation of powers and in view of the fact that, in Switzerland, parliamentary initiatives are dealt with directly by Parliament and not by the Government, the Government has no authority to disseminate a text intended for a parliamentary committee. The Government wished to point out that the Swiss Federation of Trade Unions has asked that the Tripartite Committee on ILO Matters discuss the situation regarding the right to strike in the cantons and communes in the light of article 28 of the Federal Constitution and that it is not in a position to be seized of the matter because recognition of the right to strike in general and for the personnel of the cantons and communes in particular does not derive from the Convention. The Committee would point out that it sought in its comments to obtain recognition of the right to strike not for all public employees of the cantons and communes, but only for those who do not exercise authority in the name of the State in the few cantons where this right is still not recognized. The Committee takes note of the Government’s view on the Convention’s requirements in this matter. It nevertheless observes that the Government has embarked on a dialogue and in-depth consultations on the matter in the context of the European Social Charter and requests it to report on any progress made in this respect.

3. The Committee previously requested the Government to comment on any judicial procedures under way or any judgements concerning obstacles to trade union leaders’ access to the workplace. The Committee notes the Government’s statement that it does not interfere in matters that are the domain of the judiciary and that the Swiss courts are under no obligation to send their decisions to the Government. The Committee notes that the Swiss Federation of Trade Unions has provided some fairly specific information on the matter. In the Committee’s view, the Government should be in a position at least to provide information on any administrative or judicial proceedings. It again asks the Government to send its comments on the matter.