Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Maternity Protection Convention, 2000 (No. 183) - Switzerland (Ratification: 2014)

The Committee notes the observations of the Swiss Federation of Trade Unions (USS/SGB), communicated with the Government’s report.

Article 2(3) of the Convention.Scope of application. The Committee notes the Government’s indication in its first report that under application of Article 2(3) of the Convention, Switzerland excludes from the scope of application of the Convention categories of women workers and certain types of enterprises not covered under the Federal Act on Labour in Industry, Handicrafts and Trade of 13 March 1964 (LTr) The Committee notes that the LTr does not apply to women domestic workers and other persons listed under section 3 of the Labour Act. In addition, section 2 of the LTr does not cover certain categories of enterprises, particularly agricultural enterprises, public transport and public administration. The Committee notes that, in its observations, the USS/SGB demands the extension of maternity protection to all pregnant and nursing workers, especially those who are excluded from the scope of application of the LTr. The Committee requests the Government to provide information on the measures taken to progressively extend the provisions of the Convention to categories of women workers which it has excluded from the scope of application of the Convention.

Article 8(1). Employment protection. The Committee notes that the USS/SGB highlights the lack of effective protection in practice against dismissal during pregnancy and nursing, as well as effective remedies in the event of dismissal relating to maternity. The Committee requests the Government to provide information on the measures taken or envisaged to ensure, in practice, employment protection against dismissal of a woman during her pregnancy, her maternity leave or during a period following her return to work, except on grounds unrelated to the pregnancy or birth of the child and its consequences or nursing.