Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Switzerland (Ratification: 1994)

Article 3 of the Convention. National policy for the hotel and restaurant sector. The Committee notes the Government’s indication that the Federal Act against illegal employment (LTN), which entered into force on 1 January 2008, aims at fighting illegal employment principally by reinforcing supervision and sanctions while an information campaign was launched in November 2007 in order to sensitize public opinion. The Committee understands that the employment of undocumented workers has long characterized the hotel and restaurant sector; for instance, inspection statistics for the Vaud Canton published in 2008 showed that 55 per cent of all controlled establishments employed irregular workers. The Committee would be interested in receiving concrete information, if available, as to the impact of the new legislation on employment patterns in the hotel and restaurant sector.

Article 8. Means of implementation. The Committee notes the Government’s indication that the latest extension and modification of the National Collective Labour Agreement (CCNT) for hotels, restaurants and cafes took effect on 1 January 2008 and will remain in force until 31 December 2011. It also notes that 206,000 workers and 26,315 employers are currently covered by the provisions of the CCNT. In this regard, the Committee notes the statistical information provided by the Swiss Federation of Trade Unions (USS) according to which 1,897 establishments covered by the CCNT were controlled in 2007, and 15.5 per cent of those were found in violation of the collectively agreed minimum wages. The Committee requests the Government to continue providing up to date information on the supervision of the application of measures taken in pursuance of the Convention and the results obtained.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would continue supplying general information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, catering and tourism industry, if possible broken down by age and gender, inspection results, employment trends in the hotel and catering sector (e.g. feminization, migrant workforce), copies of official reports and surveys addressing questions related to the working conditions in the hotel and catering sector, etc.