Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Suisse (Ratification: 1975)

The Committee notes the Government's report and the comments of the Swiss Federation of Trade Unions (USS) on the application of the Convention.

1. Denial of the right to strike of public servants. With reference to its previous comments on the need to amend the national legislation (section 23(1) of the federal Act of 30 June 1927 banning strikes by public servants) in order to guarantee that public servants who are not agents of the public authority and their organizations have the right to strike as a means of defending their economic, social and occupational interests, the Committee notes the Government's statement in its report that the Federal Council has not yet issued any decision as to the amendments it intends to propose to Parliament in the context of the federal Act concerning the conditions of service of the public service, but that it is planned to deal with this issue in the Statement concerning the total revision of the above Act, which is to be adopted in 1994.

The Committee also notes the comments of the USS to the effect that the ban on the right to strike affects all public employees of the Confederation, regardless of their functions or the length of their appointments. The USS also considers that the fact that decisions concerning the status of public servants lie with Parliament does not release the Government from its obligation to propose the revision of the federal Act concerning public servants.

The Committee once again expresses the hope that the Statement concerning the total revision of the federal Act respecting the conditions of service of the public service will take account of the principles of freedom of association, and asks the Government to indicate any measures taken in this respect in its next report, and that it will, in particular, guarantee the right strike for the defence of their professional interests, at least to the civil servants other than those exercising authority in the name of the State (see 1994 General Survey on Freedom of Association and Collective Bargaining, para. 158).

2. Sanctions imposed upon railwaymen for striking. The Committee notes that, in its report, the Government states that no court decisions have been handed down during the period covered by the report.

It notes in this connection that the USS indicates that the workers concerned are unable, because of the type of disciplinary measures to which they are liable, to appeal to the joint disciplinary committee, that they are not entitled to appeal to the Federal Tribunal, and that the USS together with its public service federations is seeking a lower threshold for the lodging of appeals with the Federal Tribunal. According to the USS, generally speaking the protection against dismissal provided for in the law is weak, which enables certain employers to restrict the exercise of the right to strike.

In these circumstances, the Committee must point out that under Articles 3 and 10 of the Convention workers' organizations have the right to organize their activities freely in order to promote and defend the interests of their members, including by calling strikes, and that the authorities must refrain from any intervention liable to restrict this right or to impair the legal exercise thereof. In the Committee's view, moreover, legislation should provide for genuine protection in this respect, otherwise the right to strike may be devoid of content (see 1994 General Survey, op. cit., para. 139).

The Committee recalls the Government's indication in its previous report that 11 employees of the federal railways (CFF) who were penalized for going on strike had filed a second and final appeal, and again asks the Government to provide copies of the respective judgements as soon as they have been handed down.