Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Switzerland (Ratification: 2000)

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

Article 5 of the Convention. Effective consultations undertaken during the period covered by the report. The Government indicates that the Tripartite Federal Commission has met 13 times since the submission of the previous report in August 2017: on 1 December 2017, 16 April 2018, 4 December 2018, 9 April 2019, 27 May 2019, 28 November 2019, 31 March 2020, 4 September 2020, 8 December 2020, 9 April 2021, 9 September 2021, 2 December 2021 and 8 April 2022. The Committee notes with interest that during this period, the Swiss Confederation ratified the Chemicals Convention, 1990 (No. 170), as well as the Prevention of Major Industrial Accidents Convention, 1993 (No. 174) and the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee also notes with interest consultations in the Tripartite Federal Commission on possible ratification of the Violence and Harassment Convention, 2019 (No. 190). As the report does not provide information on the outcome or recommendations resulting from these consultations in the Tripartite Federal Commission, the Committee requests the Government to provide detailed information on the tripartite consultations held on the matters referred to in Article 5(1) of the Convention, including information on the frequency of such consultations. It also requests the Government to specify the nature of the reports or recommendations resulting from these consultations.

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

Effective tripartite consultations. In its previous comments, the Committee expressed the hope that the social partners would continue to examine the manner in which the Convention is applied and that they would report on initiatives taken in order to respond to the expectations of all the parties involved in the consultations on international labour standards required by the Convention. The Government states in its report received in August 2008 that the Tripartite Federal Commission on ILO Affairs met on 21 November 2006 and 22 March 2007. The minutes of each meeting were attached to the report. The Committee notes that the Government has approved a decision of the Tripartite Commission to maintain this institution. The Committee would be grateful if the Government would continue to report regularly on the tripartite consultations held on each of the matters referred to in Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2006, which includes detailed reports of the sittings of the Tripartite Federal Commission on ILO Affairs of 4 March and 18 August 2005, 16 May 2006, and of the tripartite discussion of 28 November 2005. It also notes the comments made by the Swiss Federation of Trade Unions (USS) and the Confederation of Swiss Employers (UPS), forwarded with the Government’s report. As it requested in its previous observation, the Committee has therefore been in a position to examine full and updated information on the tripartite consultations required by the Convention, and particularly on the work of the Tripartite Federal Commission.

2. In its comments of September 2006, the USS indicates that the Tripartite Federal Commission does not fully discharge its function and that the views of the employers’ representatives are in most cases a pretext for immobility. According to the USS, no social partner should have a right of veto and, in the spirit of the Convention, which provides the basis for the Tripartite Federal Commission, each group should benefit from the same consideration. The UPS considers that the machinery for tripartite consultation established to give effect to the Convention cannot in any event replace the structure of social dialogue and direct collective bargaining between the social partners that is operational in Switzerland.

3. The Committee recalls that, at its 90th Session (June 2002), the International Labour Conference adopted a resolution concerning tripartism and social dialogue which indicates that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which the social partners play a direct, legitimate and irreplaceable role. The Committee also notes that the USS, since the establishment of the Tripartite Federal Commission, has been calling for an improvement in the effectiveness of the procedures giving effect to the Convention. The Committee trusts that the Government and the social partners will continue to examine the manner in which the Convention is applied and that they will be able to report the initiatives taken to give satisfaction to all the parties involved in the consultations required by the Convention.

4. Training of participants and financing of procedures. The Committee notes the new concerns expressed by the USS on the possible need for training of the members and financing of the work of the Tripartite Federal Commission. The UPS indicates that the social partners sitting on the Tripartite Federal Commission are fully aware of ILO matters. In this context, the Government indicates that the USS has intervened concerning the mandate of the Swiss Agency for Development and Cooperation in relation to the ILO technical cooperation project in the Balkans on support for trade union projects and the promotion of social dialogue. The Committee requests the Government and the social partners to continue providing information on the tripartite consultations held on other matters of common interest covered by Paragraph 6 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report received in December 2004 and the record of the meeting of the Tripartite Federal Commission on 26 May 2004. It also notes the communications from the Swiss Federation of Trade Unions (USS) and of the Confederation of Swiss Employers (UPS) attached to the Government’s report.

2. Tripartite consultations required by the Convention. Administrative support and training. In its report, the Government indicates that the Tripartite Federal Commission includes, in addition to representatives and experts from the administration, representatives of the social partners concerned by ILO matters. With regard to the consultations envisaged in Article 5, paragraph 1(d), of the Convention, the Government indicates that draft reports on the application of Conventions prepared by the federal administration are forwarded, for consultation, in draft form to the central associations of employers and workers, leaving them a period of around four weeks to take up a position. Furthermore, with regard to the financing of training of participants in consultation procedures (Article 4, paragraph 2), the Government states that an allocation is made to employers’ and trade union organizations of which the Swiss Employers’ and Workers’ delegates participating at the Conference are members and which are members of the Tripartite Federal Commission.

3. The Committee also notes that the UPS in its communication does not make any specific criticisms with regard to the working of the Tripartite Federal Commission and considers that there is no particular need for training of participants in the work of the Federal Commission. In its communication, the USS indicates that it is difficult for the social partners to reply within a period of three or four weeks to the consultations made by the Government concerning the many reports submitted to them so that they can take a position before they are forwarded to the ILO. The USS adds that the funds allocated to the social partners are inadequate and cannot really be used for training.

4. The Committee hopes that the Government’s next report will contain up-to-date information on the tripartite consultations required by the Convention, and particularly on the work of the Tripartite Federal Commission.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the Government’s first report, received in December 2002, on the application of the Convention. It also notes the communication from the Swiss Federation of Trade Unions (USS) dated 11 October 2002 attached to the Government’s report. The information transmitted by the Government indicates that the consultations required by the Convention are held within the Tripartite Federal Commission for ILO matters created in December 2000, and through written communications. The USS contends that the activities of the Federal Commission are confined to a minimum, and that, with regard to written communications concerning the consultations provided for under Article 5, paragraph 1(d), of the Convention, delays in the transmission of the reports make it impossible undertake a careful analysis and make proposals. Furthermore, the USS considers that training on the role of the social partners is necessary. Recalling that the nature and form of the procedures are to be determined in each country, the Committee would be grateful if the Government would include in its next report information on the consultations held to ensure the effectiveness of the consultation procedures on the matters set out in Article 5, paragraph 1, of the Convention, in particular concerning questions arising out of reports to be made to the ILO under article 22 of the ILO Constitution (Article 5, paragraph 1(d), of the Convention). Please also indicate whether arrangements have been made or are envisaged for the financing of any necessary training of participants in the consultation procedures (Article 4, paragraph 2).

2. The Committee notes the records of the Federal Commission’s meetings held on 26 February 2001 and 1 March 2002. Please indicate whether consultations were held with the representative organizations regarding the working of the procedures, as provided for under Article 6 of the Convention.