Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Switzerland (Ratification: 1961)

Discrimination on grounds of sex. Sexual harassment. The Committee notes several measures adopted by the Government to improve knowledge of and the application of the Equality Act and its provisions relating to sexual harassment. A first national and thematic study related to sexual harassment at work was carried out at the initiative of the Federal Bureau of Equality between women and men (BFEG) and the Secretariat of State for the Economy (SECO). This study is the starting point for a large- scale operation, with the objective of prevention and the introduction by enterprises of appropriate measures. Training courses have been organized for labour inspectors. The Committee requests the Government to continue providing information on any measures adopted, in colloraboration with the social partners, to improve the effect given in law and practice to the prohibition of sexual harassment.

Measures to ensure and promote equality for men and women in employment and occupation. The Committee notes a communication of the Union of Swiss Employers, which was transmitted by the Government, recalling its long-standing commitment to the promotion of equality between women and men. The Union of Swiss Employers considers that its long-standing commitment to equality is in contradiction with the statement by the Government, to which the Committee referred in 2007, according to which “the employment and family policy applied in undertakings is a major obstacle to achieving equality between men and women”. The Committee notes that, according to the Government’s report, a parliamentary intervention calling for paternity leave was rejected on 19 December 2007 by the Council of States. According to the Federal Council, the solution of passing through the social partners has proven its worth, for which reason the guarantee and financing of paternity leave need not be required by law, but remain the subject of contractual provisions determined by the social partners. In the context of the inter-cantonal initiatives for the harmonization of compulsory schooling (HarmoS), the Cantons have already drafted a charter in which they undertake to give priority to standard timetables for school time, propose care structures outside teaching hours and lower the age of entry into school. A manual entitled “Work and Family” was designed in 2007 for small and medium-sized enterprises. These measures are intended to reconcile family life and work and, in so doing, to overcome a major obstacle in the achievement of equality for men and women. Noting that the Federal Council considers that paternity leave should be provided under collective agreements, the Committee requests the Government to keep it informed of the proportion of workers and sectors in which workers benefit from paternity leave under such agreements. The Committee also asks the Government to continue providing information on its collaboration with the social partners with a view to the inclusion in enterprise policies and collective agreements of provisions enabling men and women workers to reconcile family and working life.

Vocational training. The Committee requests the Government to indicate whether it has introduced projects, in the context of vocational training, to motivate young women to engage in training leading to occupations considered to be traditionally male and requests it to continue providing information on this subject.

Equality of opportunity and treatment of travellers. The Committee notes that, during the summer, Swiss travellers move around Switzerland in small groups, stay for one or two weeks in a transit area from which they visit their clients. During this time, the children remain in close contact with their school; they are sent educational course material, homework and corrections by teachers. According to the Government, for travellers to be able to live according to their own culture and exercise their profession, they have to be provided with a sufficient number of areas for transit and in which travellers can stay. The report approved by the Federal Council on 18 October 2006 shows that this is not the case today. To resolve the lack of areas for transit and in which they can stay, the Federal Department of Defence, Civil Protection and Sports is prepared to sell appropriate excess military property to the Cantons and to communes as areas for travellers for transit or for them to stay. The Committee requests the Government to keep it informed of the results of this measure and of any other steps taken so that sufficient and appropriate areas are available to travellers for transit or for them to stay. The Committee encourages the Government to continue its efforts for the adoption of measures to promote equality of opportunity and treatment in employment and occupation for travellers and asks it to continue providing information on this subject.