Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015 concerning anti-union dismissals in the press, publishing industry and health sector, and intimidation towards trade union members in the service-providing enterprises at Geneva airport. The Committee requests the Government to provide its comments in response to the ITUC’s allegations.

Articles 1 and 3 of the Convention. Protection against anti-union dismissals. The Committee recalls that its previous comments addressed the difference of opinion between the Government, the employers’ organizations and the trade unions on the degree of protection of trade union delegates and representatives against anti-union dismissals. The Federal Council decided to submit to social dialogue the matter of penalties for unfair dismissal, including dismissal of elected staff representatives, and dismissal for membership or non-membership of a trade union or for lawful trade union activity for the purpose of looking into an increase of the maximum penalty. The Government had previously referred to the work it had undertaken to that end between 2009 and 2011. The Committee, while recalling its position, according to which compensation for unfair dismissal (up to six months’ wages) may be a deterrent for small and medium-sized enterprises but is not for high productivity and large enterprises, had invited the Government to maintain tripartite dialogue on this matter and to report in this regard.

The Committee notes the actions undertaken by the Government since the completion of the consultation on a draft bill for a partial review of the Code of Obligations in January 2011. This governmental draft proposed an increase from six to 12 months’ wages of the maximum penalty for abusive or unfair termination of contract. Redundancies of elected staff representatives were also deemed unfair. According to the Government, the draft bill gave rise to diametrically opposed opinions and ultimately there was little support for the proposals contained therein. It was evident that political backing for the draft was not forthcoming and work on it was therefore suspended. However, the Government wished to maintain dialogue on the matter by ordering a study into the protection afforded to workers’ representatives which should lay the foundations for decisions on the follow-up to the draft bill. The study, led by the Study Centre for Industrial Relations of the University of Neuchâtel, was completed in January 2015 and was the subject of discussion with the Federal Committee for ILO Affairs in February 2015. On that occasion, the employers’ and trade unions’ organizations had the opportunity to express their opinions on the study and, according to the Government, they neither adopted nor refused a firm position in relation to the study and the ideas set out. The Government adds that the study and the discussion demonstrate that the solutions proposed in the 2010 draft could constitute compromise solutions and that, in any case, the proposal aimed at more favourable measures for workers through agreements could be a minimum possible solution. A seminar to provide information and raise awareness of the results of the study is planned for the first term of 2016. The Committee welcomes the constructive tripartite dialogue held by the Government on the issue of adequate protection against anti-union dismissals. The Committee invites the Government to pursue this open dialogue and to report on any new developments in this regard.

Article 4. Promotion of collective bargaining. The Committee notes the statistics available from the Federal Statistics Office on the collective agreements concluded in the country and the number of workers covered for 2012 and 2014 (as at 1 July 2014, 41 legally binding national collective agreements covering 67,115 employers and 590,459 workers, and 33 extensive cantonal collective agreements covering 5,578 employers and 32,868 workers). The Committee requests the Government to continue to provide up-to-date statistical information on the number of collective agreements by sector and the number of workers covered.