Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Switzerland (Ratification: 1949)

The Committee notes the Government’s report and the comments made by the Swiss Federation of Trade Unions (USS) received on 30 October 2013.

Articles 3(1)(a), 10 and 11 of the Convention. Functions and resources of the labour inspection system. The Committee notes the comments made by the USS concerning the inadequacy of the supervision of the working time requirements set out in the Labour Act (ArG) and its implementing decrees, and particularly the requirement to record hours of work, which is only complied with for 16.7 per cent of workers in Switzerland, according to a study carried out in 2013, to which the trade union refers. The USS raises in particular the issue of the absence of statistical data concerning supervision of working time requirements (for example, the number of inspections, the number of violations, statistics of psycho-social diseases, etc.) in the report of the Secretariat of State for the Economy (SECO). According to the USS, the cantonal labour inspection services (KAI) are not allocated sufficient financial and human resources to carry out such supervision and the number of violations reported in this area appears to be fairly low in comparison with the number of inspections conducted. The USS refers to the need for such supervision to prevent psycho-social risks and psychological illnesses (such as depression and burn-out) resulting from overtime hours and stress, which have increased significantly. The violations appear to be particularly frequent in the services sector (for example, the health sector, banking, insurance, etc.) and, according to the trade union, working time records have not been monitored in certain banks since 2009. The Committee invites the Government to provide any comments that it considers useful in its next report in reply to the observations of the USS.

Article 3(2). Functions entrusted to labour inspectors in the context of measures to combat undeclared work. The Committee notes that, according to the report on the implementation of the Act on undeclared work (LTN) of 2012, the cantonal supervisory bodies responsible for the enforcement of the LTN verify whether employers and workers are complying with their notification and permit requirements in accordance with the legislation on social insurance, foreign nationals and taxation at source, and that the LTN provides that such cantonal bodies shall collaborate, inter alia, with the labour inspectorate and the police. The Committee notes that in certain cantons the labour inspectorate is the competent body to combat undeclared work. With reference to paragraphs 75–78 of its 2006 General Survey on labour inspection, the Committee reminds the Government that, in accordance with Article 3(2) of the Convention, additional duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers may only be assigned to labour inspectors in so far as they do not interfere with their primary duties and do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the protective objective of labour inspection. The Committee would be grateful if the Government would indicate, for the cantons concerned, the percentage of labour inspections which have the objective of combating undeclared work in relation to the total number of inspections conducted. It also requests statistics on the violations detected by labour inspectors, the action taken as a result and the nature of the penalties imposed. The Committee would also be grateful if the Government would indicate the manner in which the labour inspection services ensure that employers comply with their obligations (particularly the payment of wages and other benefits due for the work performed during the actual period of the employment relationship) in the case of irregular foreign workers, including migrant workers who are liable to expulsion or have already been expelled by the immigration services.

Article 17 and 18. Appropriate sanctions. The Committee notes that, according to the Government, the Act on posted workers (LDét823.20) provides for penalties to be imposed on Swiss employers which are not in compliance with the compulsory minimum wages set out in model labour contracts. The Committee would be grateful if the Government would indicate the types of penalties ordered for employers in breach of the legislation on conditions of work and the protection of workers.