Equal Remuneration Convention, 1951 (No. 100) - Switzerland (RATIFICATION: 1972)

CMNT_TITLE_CAS

A Government representative stated that his Government which had presented a detailed report on the application of the present Convention in October 1987, was ready to pursue the dialogue on the application of this Convention. The working group on equal remuneration, created by the Federal Department of Justice and Police, consisted of officials from the Swiss federal administration, and representatives of employers and workers. It studied not only the different aspects of equal pay but also other areas where inequalities could still persist. The results of this study concerned inter alia the following topics: the ability for associations, and not only individual women, as as the case nowadays, to initiate legal action so as to assert the right of equal pay for work of equal value. There was much room for improvement in this area; the possibility of creating cantonal public offices responsible for promoting equality between men and women; these offices could provide information on legal practice and act as experts at courts in cases of disputes; government encouragement for the social partners to include provisions promoting equal remuneration for men and women in collective agreements. The collective agreements could provide for the creation of arbitration bodies for settling individual cases submitted to them. These measures would be in the spirit of the preceding recommendations made by the Committee of Experts. The report that would be drafted on the basis of this research will incorporate proposals that the working group will submit to the Federal Council and which would have to be followed up by concrete measures to ensure the application of the principle of equal pay between men and women. It was too early to know what these concrete measures were and one had to wait for the report. The Government member believed that the Committee of Experts was right in pointing out that the explicit application in Switzerland of the principle of equal remuneration for work of equal value between men and women in collective agreements was incomplete, and subject to reservations. Distinctions on grounds of sex could reappear or persist in other forms. The principle of equal pay for work of equal value which was embodied in the Federal Constitution constituted an individual right that every women worker could directly invoke before the courts. The small number of legal actions initiated with the aim of ensuring the full application of this right, even in cases of applying collective labour agreements, had been the motive for creating the above-mentioned working group. However, given the current situation of the national legal system, collective labour agreements were contracts governed by private law, concluded and implemented by the social partners. Public authorities took no part in negotiating them and had no power to influence their contents or application. Only agreements whose extension was requested by the contracting parties were subject to a certain control on the part of the authorities, but this control was only formal. The agreements so extended remained private law contracts whose application was the responsibility of the parties concerned alone, and if necessary, the civil courts. The possibility of state intervention in order to put pressure on the social partners remained relatively limited. In this respect the Government believed that the social partners had at their disposal a wide range of intervention possibilities under Convention No. 100 for setting up traditional machineries. It was regrettable that they had not resorted to this more extensively. The Government would make available to the ILO the texts of all the decision taken by the courts concerning the application of the principles of the Convention.

The Worker member of Switzerland recalled that since 1981 the Swiss Constitution had included a provision that prescribed equality of remuneration between men and women, that could be invoked directly by men and women alike. The dialogue in the present Committee had started in 1986 and would not end today. This showed how long and difficult was the application of the principle of equality of treatment, and how it was directly linked in most of the arguments and conclusions to the discussion on Convention No. 111. The constitutional provision had brought about some progress but was still far short of resolving all problems. As mentioned by the Committee of Experts in its report and confirmed by the Government member, a working group had been created to formulate proposals on the need for, and nature of, measures for accelerating the application of the constitutional provision. The conclusions of this group, the proposals it would make to the Federal Council and above all the effect given to those proposals were not yet known. The Government representative had mentioned some possibilities, but the proof of the pudding was in the eating. The speaker then drew attention to certain important points for applying equality of remuneration. First, the practical impact of legal provisions; rules were valuable only to the extent that they were applied. In practice, women workers would either hesitate to or refrain from asserting their rights if by doing so they had to fear some disadvantages in their labour relations, such as dismissal, being refused promotion, etc. Parallel provisions such as protection against dismissal for the duration of the court or arbitration procedures, or the possibility mentioned by the Government member that workers' or women's organisations could lodge complaints were therefore of the highest importance. Another problem exposed in detail by the Workers' member of Norway on the discussion of Convention No. 111, was that women workers would face great difficulty in the majority of cases if they had to assume the burden of proof when lodging a complaint. It was therefore urgently needed to find other solutions such as the reversal of the burden of proof in cases of complaints concerning equal treatment in remuneration. Convention No. 100 demanded equal remuneration for work of equal value. In practice there were still jobs which were traditionally occupied by women and which also by tradition were linked to a lower level of remuneration than the so-called masculine occupations. Great attention should therefore be paid to re-evaluating these jobs. Likewise, equality of remuneration could only be implemented in the context of equality of opportunity between men and women. Accordingly it was necessary to harmonise all the legislation in such areas as social security and taxation in order to eliminate all types of direct disadvantages based on sex as well as indirect disadvantages which effected women workers, particularly those with family responsibilities. Several of those indirect disadvantages were caused by the lower level of training of women and in this respect urgent legislative and practical measures should be considered, with the aim of giving grants and eliminating age restrictions on vocational training. As an employer, the State should set an example to other employers by adopting such means of promotion. Collective bargaining and collective agreements played an important role in equality of remuneration since remuneration was part of bargaining. Equality of remuneration was part of a gradual process and workers, employers and governments should act in concert to implement these objectives. The intermediate phases should be subject to regular control. Finally the speaker reiterated the importance of having effective proposals for the application of constitutional standards concerning equality of remuneration.

The Workers' members wished again on this occasion, on the basis of a concrete case, to draw the attention not only of Switzerland but of many other countries to the discussion of the General Survey concerning Convention No. 111 during which the inequalities, discrimination and difficulties faced by women workers had been mentioned. The application of Convention No. 100 in Switzerland had been discussed in 1982, 1984 and 1986. Three problems stood in the way of the full application of this Convention. First, collective agreements which sometimes included job classifications that established distinctions based on sex under other names. Second, rates of remuneration which could also become sources of discrimination on grounds of sex and finally, as mentioned by the Workers' member of Switzerland, the burden of proof. Due to the existing difference of view and shortcoming in the application of the Convention No. 100 a tripartite working group had been set up and its report was expected in the very near future. In this context the Workers' members expressed the hope that existing and future possible discrimination would be eliminated both in legislation and in practice.

The Employers' members replied first to the comments made by the Workers' member of Switzerland. They had had some doubts initially as to the actual purpose of those comments but now understood that they dealt with the problem of equal treatment in general. All those who had heard the Employers' statements in previous debates knew that they could agree to some of those comments but not to all of them. The reversal of the burden of proof had been amply discussed several days ago and the Employers' members had already cautioned against considering this problem in too global and simplistic a manner. They noted that the observation of the Committee of Experts was divised into five points. The first was a brief statement of fact which appeared to cause no problems. The second had been dealt with by the Government representative who informed the present Committee that a working group was now examining a number of questions in detail. The present Committee should await the finding of this working group and then check its report on the need for further action. they had some difficulties with the point 3 of the observation of the Committee of Experts which stated that a Worker member at the Conference Committee in 1986 had stated that there were no longer any sex-based salary clauses in collective agreements which, however, covered only minimum wages. The Employers' members saw nothing unusual in the fact that collective agreements referred only to minimum wages. In this respect the collective bargaining system of Switzerland seemed in no way different from those of its neighbours and it appeared to be normal for collective agreements to apply only to minimum wages. However, perhaps they misunderstood something there. Further, the Committee of Experts had stated that direct discrimination based on sex had disappeared only to reappear in different forms. This point was not developed any further, and it was only said that women were excluded from collective agreements, as a matter of principle, but again the Employers' members could not really understand how, so perhaps the report was not sufficiently clear on this. They also had difficulty with the statement in the report of the Committee of Experts that the principle of equality of remuneration was not expressly mentioned in collective agreements. In their opinion that did not mean that inequality of remuneration was established in collective agreements. However, the Workers' member of Switzerland did not elaborate on that point, so perhaps that was not a major problem. Generally the Convention certainly required positive action, but here the Employers' members saw a difficulty in reconciling the promotion of equal remuneration which was the purpose of Convention No. 100, and the promotion of free autonomous collective bargaining. There were always two signatures in a collective agreement and the possibility of third parties - that of the State - to intervene was very limited. There was a conflict of purpose here which had to be kept in mind. As regards point 4 and 5 in the observation of the Committee of Experts, the Employers' members considered that the two rulings issued by the Swiss Federal Tribunal were specific cases and they doubted whether general conclusions could be drawn from them. They were grateful to the Government representative for expressing his readiness to make available any additional tribunal rulings. Only then it would be possible to judge whether general conclusions should be drawn from those rulings for further legislative or other action. The Employers' members agreed that this complex problem with its numerous aspects would probably come up in the Conference Committee many times in the future, and that no country was exempt from promoting equal remuneration. there was always room for progress in this field.

The Worker member of Switzerland wished to make a few supplementary comments on the report of the Committee of Experts. For the present, her organisation had addressed no specific demands to the Government of Switzerland. They preferred to wait for the proposals of the Government which could relate to legislation and to promotional measures. In their opinion there should not be any state intervention in collective agreements or collective bargaining, and the Government member shared this opinion. The two rulings issued by the Federal Tribunal indeed concerned individual cases and since they were not yet available it was too early to conclude whether they could be taken as a precedent for general legislation. As regards the situation of women and collective agreements, the speaker had not meant to say that women were generally excluded from collective agreements, but that women were very often recruited in conditions that were not covered by collective agreements and therefore were in practice often excluded from the scope of collective agreements. As regards collective agreements proper, they did sometimes include job descriptions which in themselves did not contain any direct discrimination against women. However, in job classifications there could be indirect discrimination, and in practice women did suffer from this. For that reason her organisation had asked that the practice of job descriptions and job evaluation be reconsidered.

The Committee noted with interest the various measures and decisions taken by the Government of Switzerland concerning the application of the Convention, and described in detail in the report of the Committee of Experts. It also noted the supplementary explanations given by the Government and the discussion which took place which would be transmitted to the Committee of Experts, so that it could re-examine the question more deeply, taking into account this discussion. The Committee also hoped that the Government would be able to report further measures taken and progress achieved in the application of the Convention.

CMNT_TITLE

Articles 1 and 2 of the Convention. Gender wage gaps and their causes. The Committee notes the Government’s indication in its report that, according to the Federal Office for Statistics, gender wage gaps have progressively lessened in the private sector: from an average of 21.3 per cent in 2012 to 19.5 per cent in 2014, they went to 19.6 per cent in 2016 and remained unchanged in 2018 (arithmetic average). However, across the entire public sector (Confederation, cantons and communes), the gender wage gap has widened: it amounted to an average of 18.1 per cent in 2018 while it was only at 16.7 per cent in 2016. It also notes that, according to the study of the explanatory variable component and the unexplained differential component in wage differentials, based on the Oaxaca model, the unexplained component (that is the component that is not based on objective factors, such as personal history – age, training, years of service, the nature of the post occupied in the enterprise or field of work) of gender wage gaps in the private sector rose to 44.3 per cent in 2018, while it was only at 42.9 per cent in 2016 and 39.1 per cent in 2014. Across the public sector it progressed to 37.2 per cent in 2018, while it was only at 34.8 per cent in 2016, but had been at 41.7 per cent in 2014. With regard to combating stereotypes, the Committee welcomes the Equality Strategy 2030, adopted on 28 April 2021 by the Federal Council (2021-2023), which includes among its objectives the elimination of the unconscious stereotypes and prejudices that determine the roles of women and men in the family and in society, in particular by providing information, awareness and training in all areas, especially institutional, to help prevent discrimination, sexism and gender stereotypes by establishing the pertinent facts in all areas and conducting monitoring activities. In this regard, it notes that the Equality Strategy 2030 is also aimed at achieving a better work/life balance. Noting once again that the gender wage gap remains significant in the country and is only changing very slowly and that the unexplained variable component has increased in both the private and public sectors, the Committee requests the Government to provide information, including statistics, on the implementation of measures under the Equality Strategy 2030 to combat the causes of the wage gaps, including gender stereotyping leading to gender-based occupational segregation, and on the difficulties encountered, principally by women, in reconciling professional and family responsibilities. It also requests the Government to: (i) continue to evaluate the differential, including the unexplained differential component; (ii) examine the reasons why the unexplained differential component continues to rise to be able to formulate appropriate measures; and (iii) provide information on developments in the wage gaps.

Measures aimed at promoting equal wages for men and women for work of equal value. Development in legislation. The Committee notes the detailed information provided by the Government with its report. It notes with interest the revision of the Federal Gender Equality Act (LEg), which now requires employers to carry out wage equality analyses (section 13(a) to 13(i) LEg). With the entry into force of this amendment on 1 July 2020, employers in the public and private sector with a staff of 100 or more workers must conduct regular analyses of wage equality, which are to be verified by a third party. The results of the analyses must be communicated to the staff and, in the public sector, published. The Committee also notes that employers are exempted from further wage analyses if, following the analysis, they show that they respect wage equality; and that on 21 August 2019 the Federal Council adopted the Ordinance concerning verification of the wage equality analysis regulating, inter alia, the training of persons responsible for reviewing the wage equality analysis and modalities for verification of the analysis in respect of Confederation staff. The Committee also notes with interest that: (1) the Equality Strategy 2030 includes among its objectives the elimination of wage discrimination in the public and private sectors; and (2) according to a revision of the Public Procurement Act (LMP) and of the Public Procurement Ordinance that came into force on 1 January 2021, public contracts for services in Switzerland are only awarded to tenderers that respect “gender equality in wages”; this requirement can be verified by the adjudicator or a third party delegated to that end and, the tenderer must provide the necessary evidence, on request. The Committee notes the Government’s indication that the Confederation places, free of charge, a standard online analysis tool, a modernized version of the Logib tool, at the employers’ disposal for the wage equality analysis, with a module especially developed for small enterprises (2-49 workers). Finally, the Committee notes the Government’s indication that the Charter for equal public sector wages, launched in 2016, was signed by the Confederation, 16 cantons and 113 communes, and 62 organizations close to the public sector, and that the results of the monitoring of wage equality in the public sector from 2016 to 2019 show that the Government’s commitment to wage equality has made itself felt in all regions of Switzerland and has been strengthened. Welcoming the continued efforts and the progress achieved in respect of policy and legislation to promote equal wages in the public and private sectors, in particular the development of procedures to analyse and monitor remuneration, the Committee requests the Government to continue to provide information on the measures taken in practice to promote equal remuneration in respect of workers, employers and their organizations, managers of the staff of the administration and public service, especially within the framework of the Equality Strategy 2030, and on the results obtained in reducing wage gaps. The Committee requests the Government to continue providing information on measures taken with regard to public procurement.

Article 4. Collaboration with employers’ and workers’ organizations. The Committee requests the Government to indicate measures taken or envisaged with a view to collaborating with employers’ and workers’ organizations in respect of wage equality and on initiatives carried out in this connection.

CMNT_TITLE

Articles 1 and 2 of the Convention. Wage gap and its causes. The Committee notes the detailed information provided by the Government on the gender wage gap and their underlying cause. It notes that, in the private sector, the wage gap narrowed by 1 per cent between 2008 and 2010 (to 18.4 per cent) but widened between 2010 and 2012 to reach 18.9 per cent. In the public sector as a whole, the average wage gap was 13.6 per cent. The information also shows that the component unexplained by objective factors (“discrimination component”) decreased from 745 Swiss francs (CHF) per month in 2008 to CHF677 in 2010 in the private sector; however, major differences are observed according to sector of activity. In the public sector (Confederation), the discrimination component increased slightly, from CHF254 in 2008 to CHF259 in 2010. As regards the 2010 survey of fringe benefits, the Government indicates that these are constantly increasing and an analysis of fringe benefits from a gender perspective, based on the 2012 Wage Structure Survey, will soon be conducted. The Committee recalls that since wage discrimination cannot be tackled effectively unless action is taken simultaneously to deal with its causes (for example, stereotypes regarding women’s role in terms of family responsibilities or resulting in limited job choices or undervaluation of their work), it is important to address equal remuneration in the context of the more general rights and protections regarding gender equality and non-discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 712–719). The Committee asks the Government to examine the underlying causes of the gender pay gap in the wider context of gender equality in employment and occupation, and to take the necessary steps to remedy them. Noting that the gender wage gap remains significant and is only changing very slowly, the Committee asks the Government to continue evaluating these disparities, including the component unexplained by objective factors, and to provide information on any developments in this respect. The Committee further asks the Government to provide information, including statistics, on the conclusions of the survey of fringe benefits paid by enterprises in relation to gender wage equality.

Measures to promote wage equality. The Committee welcomes the awareness-raising, information and training measures relating to wage equality taken by the Government between 2012 and 2014. It notes that the Federal Office for Gender Equality (BFEG) regularly updates Logib (the Confederation’s equality monitoring tool) and its user guide, and plans to present this tool to all Swiss enterprises employing more than 50 workers. The Committee also welcomes the inclusion in the 2011–15 legislative programme of the objective to “strengthen measures for combating gender wage discrimination and examine additional instruments that might be adopted by the public authorities”. The Committee notes that the BFEG receives additional resources enabling it, inter alia, to conduct further monitoring of wage equality in the area of public procurement. In this respect it notes the information supplied by the Government on monitoring and on the results of the pilot project conducted between 2011 and 2013 in the Canton of Bern. It notes in particular that monitoring within enterprises awarded cantonal public procurement contracts will take place in the Canton of Geneva and is under consideration in several other cantons. The Committee further notes that, at the federal level, an interdepartmental working party has been set up to consider the establishment of a system of accreditation (for a fixed period) for enterprises wishing to conclude a public procurement contract with the Confederation, under which these enterprises would undergo voluntary prior monitoring of wage equality. Welcoming the Government’s efforts and initiatives in favour of wage equality, particularly regarding the development of training and monitoring tools, the Committee asks the Government to continue providing information on the awareness-raising, information and training measures taken to promote equal remuneration among workers, employers and their organizations, human resources managers and administration officials. The Committee asks the Government to continue providing information on the steps taken to ensure that, in the context of public procurement, bidding enterprises respect and apply the principle of equal remuneration for men and women for work of equal value, indicating the conclusions of the abovementioned working party and any follow-up measures.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information provided by the Government on the implementation of the “equal wages dialogue” by employers’ and workers’ organizations, according to which only 51 enterprises, employing a total of 230,000 workers, had taken part in the dialogue by the end of February 2014, whereas the initial target had been 100 enterprises. The Committee notes that, according to the assessment of this initiative, the concept of optional measures to achieve wage equality on a voluntary basis did not achieve its aim but that awareness of the issue has nevertheless been raised among enterprises, including those employing fewer than 50 workers. Furthermore, between 2010 and 2013, the federal administrative department has undertaken an analysis of wages throughout the administration in the context of an agreement signed with the social partners in November 2010 with a view to implementing the “equal wages dialogue”, and the results achieved using Logib show that wage equality is observed. The Committee asks the Government to provide information on the measures taken or contemplated to pursue cooperation with workers’ and employers’ organizations with regard to wage equality and on the results achieved. The Government is also requested to supply information on any measures taken to raise awareness among workers’ and employers’ organizations of the principle of equal remuneration for men and women for work of equal value.

CMNT_TITLE

Wage gap. The Committee notes the detailed information provided by the Government concerning the wage gap between men and women. It notes that in 2008 the wage differential in the private sector was 19.4 per cent (as compared to 19.1 per cent in 2006), and that it was stable at 12.9 per cent at the national level between 2006 and 2008 (17.4 per cent for the cantonal public sector and 8.9 per cent for the communal public sector in 2008 – a slight decline compared to 2006 in both cases). The Committee notes that more and more enterprises have recourse to fringe benefits but that statistical information on the payment of such benefits disaggregated by sex are still not available. It nonetheless notes that, according to the Government, the examination of the effects of fringe benefits on equal remuneration for men and women is still on the agenda and should become a reality from 2012. The Committee asks the Government to continue to provide information on developments regarding the wage gap between men and women in the public and private sectors. It hopes that the Government will shortly be in a position to provide statistical information disaggregated by sex on fringe benefits paid by enterprises, and asks it to study the underlying causes of the differentials in the wages paid to men and women for work of equal value with a view to remedying them.

Article 4 of the Convention. Cooperation with employers’ and workers’ organizations. The Committee notes that in a communication received on 26 August 2008 and forwarded to the Government on 4 September 2008, the Swiss Federation of Trade Unions (USS/SGB) indicated that the unions’ initial assessment of their campaign to monitor equal pay was mixed and that very few enterprises had agreed to a compulsory joint monitoring exercise undertaken with the assistance of the trade unions. The Committee notes with interest that an initiative entitled “Dialogue on Equal Wages” was launched in March 2009 and is being implemented by the employers’ and workers’ organizations, the aim being to encourage enterprises to analyse pay scales of their own free will and eliminate any discrimination noted as soon as they are able. The Committee notes that the dialogue has in fact been in operation since the summer of 2010 and that within one year, 12 enterprises had decided to join the project. The Committee also notes that the body responsible for the dialogue is tripartite and that it is to pursue the dialogue at least until 2014. The Committee hopes that the “Dialogue on equal wages” will enable wage differentials between men and women to be reduced significantly, with cooperation from the social partners, and asks the Government to take the necessary steps to promote this initiative so as to encourage as many enterprises as possible to participate. It asks the Government to continue to provide information on the implementation of the dialogue and how it has affected the reduction of wage differentials, specifying the roles played by workers’ and employers’ organizations.

Application of the principle in the public service and public contracts. The Committee notes that according to the data published for 2006 by the Federal Office for Gender Parity, in the federal administration and enterprises of the Confederation, women earn roughly 18 per cent less than men and hold very few senior management posts. The Committee notes with interest the measures taken to promote wage equality in the federal administration, and more particularly the measures to promote use of the Logib programme (the Confederation’s equal remuneration instrument), and the signing, in November 2010, of an agreement between the federal administration and federal staff associations which provides for wages to be monitored using Logib and for the elimination of any wage discrimination, in the context of the tripartite Dialogue on Equal Wages launched in March 2009. The Committee notes that this project which aims to apply the principle of equal wages for work of equal value, began on 1 January 2011 and is to continue until 31 December 2014. The Committee asks the Government to provide information on the implementation of the agreement between the federal administration and federal staff associations, the results of the wage analysis and the measures taken to remedy any inequalities noted. It strongly encourages the Government to pursue the efforts to circulate information on the means of achieving wage equality, among human resource officers in the federal administration, and public employees and their unions, and to ensure effective application of the principle of equal remuneration for work of equal value in the federal administration.

As regards public contracts, the Committee notes that the Ordinance on Public Procurement (OMP) was amended in 2009 and that as a result, observance of the principle of equal remuneration for work of equal value is required also for work or services performed by bidders abroad. According to the Government, the Procurement Committee of the Confederation recommends that contractors ask bidders to sign a statement undertaking to observe the provisions in force on equal wages and the conditions of work and health protection of workers, and this recommendation is followed by many cantons and communes. The Committee notes in this connection that the Canton of Bern has launched a pilot project aiming to introduce a requirement for bidders to confirm in writing and to demonstrate in a credible manner that they apply equal wages. The Committee welcomes the measures taken to ensure that, in public procurement, bidding enterprises respect and apply the principle of equal remuneration for men and women for work of equal value, and asks the Government to continue to provide information on the measures adopted to this end and on the results obtained under the abovementioned pilot project.

CMNT_TITLE

The Committee notes a communication from the Swiss Federation of Trade Unions (USS), received on 26 August 2008 and forwarded to the Government on 4 September 2008. The Committee notes that the Government has not yet provided comments on this subject. According to the USS, the unions are drawing an unfavourable first assessment from their campaign to monitor wage equality. If wages continue to develop so slowly, another 30 years will be required to achieve wage equality. Very few enterprises have agreed up to now to a binding joint monitoring exercise undertaken with the assistance of the trade unions. The USS and the Federal Personnel Office (OFPER) expressed opposition to compulsory monitoring based on the Logib programme, the computer programme for monitoring wage equality designed by the Federal Equality Bureau (BFEG). The OFPER justifies its position with reference to the rejection of a parliamentary intervention containing this requirement.

Articles 1 and 2 of the Convention. Public service and public contracts. The Committee notes that, according to the Government’s report, the wage system in the administration has been designed so that in theory there can be no direct or indirect discrimination. The Logib programme has already been applied in certain administrative services of the Federal Administration. The Government indicates that the first results show that there is no wage discrimination in these services. The Federal Council is encouraging administrative services to undergo the Logib test at their own initiative, if necessary with the support of the Federal Personnel Office (OFPER). A guide for the application of the Logib programme is currently being prepared and will be disseminated in 2008 to all the human resources services of the Federal administration. The Committee notes that on 30 May 2008, the Federal Council launched a consultation procedure relating to the total revision of the Federal Public Contracts Act (LMP). According to the report, in the preliminary text of the LMP, compliance with the principle of equal wages for women and men by the tenderer is now a prerequisite. As under current law, the tenderer is under an obligation to provide justification, at the request of the adjudicator, that legal requirements are respected. The new element is that the adjudicator is now under the firm obligation to exclude from the procedure tenderers who do not comply with these requirements. Moreover, in the event of non-compliance with the legal conditions, the adjudication can be revoked or, where appropriate, a penalty can be imposed. The Committee asks the Government to provide information on the application of the Logib programme in Federal administrative services and, where appropriate, in cantonal administrative services, and to provide a copy of the guide on the application of the Logib programme. In relation to the current LMP, the Committee requests information on the results of the monitoring exercise on the application of this principle. It also asks the Government whether, under the new LMP, the adjudicator is still required to request justification from tenderers concerning compliance with the principle of wage equality.

Enforcement of the Equality Act.  The Committee notes that, according to the Government’s report, at the behest of the Federal Council, a memorandum has been prepared by the Federal Bureau for Equality between women and men for the use of the courts with a view to guiding judges in cases of complaints relating to wage discrimination. It would appear likely that the harmonization of judicial practice in this field may reduce the length of such procedures. The issue of wage equality is a priority matter which the social partners wish to address jointly. The Government indicates that the Federal Administration is facilitating dialogue between the social partners with a view to helping them reach agreement on the measures to be taken to eliminate the wage gap resulting from discrimination. The Committee asks the Government to provide information concerning the measures adopted by the social partners, with the support of the Government, to reduce the wage gap resulting from discrimination and to continue providing information on the enforcement of the Equality Act.

Part V of the report form. Differentials in the earnings of men and women. The Committee notes that, according to the report, the Federal Statistics Office has carried out a new survey on additional wage payments, based on the 2006 Wage Structure Survey. The new survey shows that remuneration systems are continuing to become more diversified through the addition of new wage components to basic wages. The Government indicates that the results of the survey on additional wage payments do not yet permit the provision of statistical data disaggregated by sex. The results of the latest Swiss Wage Structure Survey (ESS) in 2006 show that wage differentials between women and men are in general continuing to diminish. It shows that wage differentials between women and men decreased slightly in 2006 in relation to 2004 in the private sector and in the public cantonal sector. Nevertheless, women earn 19.1 per cent and 18.8 per cent less than men in these sectors, respectively. The difference is 12.9 per cent in the federal public sector and 9.4 per cent in the communal public sector. The Committee asks the Government to provide information on the reasons behind these differentials in the public federal, cantonal and communal administrations, and the measures adopted to reduce these wage gaps. The Committee also asks the Government to continue providing information on additional wage payments.

CMNT_TITLE

1. Articles 1 and 2 of the Convention. Public contracts. The Committee notes that with regard to the monitoring of the application of the 1994 Public Contracts Act, a free computer program has been made available to enterprises so that they can monitor equality of remuneration between men and women. The Committee notes that should the use of this program reveal wage discrimination, the Federal Bureau on Equality may provide its expertise to help the enterprise in question eliminate any discriminatory treatment. The Committee also notes that the Confederation intends to carry out checks to verify the application of the principle of equal remuneration in public procurement. In the event of a violation of the principle of equal remuneration, objectives will be agreed with the enterprise concerned with a view to reducing discrimination; if the set objectives are not met, the Confederation may impose the penalties provided for in the Act. The Committee also notes that, with regard to the revision of the Public Contracts Act, there are plans to regulate the equality monitoring procedure more strictly. The Committee hopes that the Government will continue its efforts to promote mechanisms which allow enterprises to monitor the application of the principle of equal remuneration and that it will adopt dissuasive penalties in cases where this principle is violated. The Committee asks the Government to provide information on the impact that these two monitoring systems – the system under the initiative of enterprises and that under the initiative of the Confederation – have on the reduction of wage differences. The Committee also asks the Government to provide information on the revision of the Public Contracts Act and on how this revision will improve the application of the provisions of the Convention.

2. Enforcement of the Equality Act. The Government states that, following the evaluation of the Equality Act, this Act has, on the whole, improved the situation of persons affected by discrimination, but that there are still some obstacles to achieving equal remuneration for men and women. The Committee notes from the 2004 survey on wage structure that 40 per cent of wage differences cannot be explained by objective factors and must be considered as discrimination. The Committee notes that, according to the Government’s report, the main obstacles to the reduction of inequalities in remuneration are related to the infrequent use of the Act in practice and the victims’ fear of using it, which prevents them from defending themselves. The Committee notes that the Federal Council has decided to take measures to promote the implementation of the Act. It notes that these measures place emphasis on providing information and raising awareness in respect of the provisions of the Equality Act, promoting training for professionals on the subject of equality, and improving victims’ opportunities to assert their rights under the Act (conciliation offices and judicial appeals). The Government also states that the fact that achieving equality depends on the initiative of discrimination victims is no longer a satisfactory situation. The Committee notes that the Swiss Federation of Trade Unions has sent, through the Secretariat of State for the Economy, a report on the Convention, in which it calls for steps to be taken by both the employers and the authorities to ensure that equal remuneration becomes a reality. The Committee notes that the Swiss Federation of Trade Unions believes that the Act must be reformed so as not to place the sole responsibility for the fight for effective equality on the shoulders of the persons concerned. The Committee also notes, however, that the Government does not consider a revision of the Act to be necessary and that it is examining the possibility of introducing measures to encourage enterprises to respect equality of remuneration and the relevant role of authorities with competence in the areas of investigation and intervention. The Committee encourages the Government to examine, in collaboration with the social partners, new measures to strengthen the role of employers and authorities in the elimination of discrimination and to keep it informed in this regard. The Committee asks the Government to provide information on the impact that the measures taken by the Federal Council have had on the reduction of wage differences between men and women. The Committee asks the Government to continue providing information on the number, nature and outcome of equal remuneration cases dealt with by the competent authorities in the application of equal pay legislation. The Committee also asks the Government to keep it informed of the adoption of any new measures aimed at promoting equal remuneration for men and women.

3. Article 3. Objective appraisal of jobs. The Committee notes that the “Equal salary” project carried out by the Swiss Federation of Trade Unions aims to develop a certification procedure for enterprises practicing equal remuneration. Within the framework of this project, a method allowing for the objective appraisal of the impact of various factors on wages will make it possible to check whether enterprises apply the principle of equal remuneration. The Committee asks the Government to provide information on the use of this remuneration appraisal system by enterprises and on its impact on the adjustment of the wages of men and women. The Committee asks the Government to continue providing information on the steps taken to promote recourse to objective job evaluation methods and on the measures taken by the social partners in this regard.

4. Part V of the report form. Differentials in the earnings of men and women. In its previous comments, the Committee drew the Government’s attention to the increase in the wage gap between men and women in federal public employment. The Committee notes that this gap has decreased and now stands at 9.6 per cent. The Committee also notes that wage differences in the private and public sector at the cantonal level have narrowed slightly in relation to 2002. The Committee notes that 40 per cent of enterprises employing ten people or more have given out additional payments to their employees and that these additional payments have had an impact on the application of the principle of equal remuneration. In the light of this information, the Committee invites the Government to provide statistics on these additional payments, disaggregated by sex, and information on the studies carried out to examine their impact on equal remuneration for men and women. The Committee also asks the Government to continue providing detailed statistics on the wages of men and women in the private and public sectors.

CMNT_TITLE

1. The Committee notes the Government’s report and the extensive documentation attached, as well as the comments made by the Swiss Federation of Trade Unions and the Union of Swiss Employers. The Committee appreciates the wealth of information supplied on the measures taken to promote the application of the Convention. It asks the Government to continue to provide such information in its future reports, including information on the implementation and results of the various equal pay projects financed under the Equality Act, as well as on the activities of the equality offices at the cantonal and federal level to promote and ensure equal remuneration for men and women for work of equal value.

2. Articles 1 and 2 of the Convention. Public contracts. Recalling that under the 1994 Public Contracts Act, enterprises performing public contracts must guarantee equal remuneration for men and women for work of equal value, the Committee notes with interest that the project to develop an instrument to monitor compliance with this requirement has been completed and that as a result a monitoring instrument is now available. The Committee asks the Government to provide information on how this instrument is applied in practice by the competent authorities and the enterprises concerned, including information on whether equal remuneration monitoring has led to adjustment of salaries or any exclusions from public contracts.

3. Enforcement. The Committee notes that in the context of the evaluation of the operation of the Equality Act a systematic review of relevant jurisprudence will be undertaken. The Committee asks the Government to provide the relevant results of this review and to provide information on recent jurisprudence concerning equal remuneration.

4. Article 3. Objective job evaluation. The Committee notes the information submitted by the Swiss Federation of Trade Unions indicating that in all branches of economic activities differentials of remuneration of men and women could not be fully explained by objective reasons such as qualification, seniority or hierarchical position in the enterprise. The Committee asks the Government to provide information on the measures taken by the Government to promote the use of objective job evaluation methods, including information on the measures taken by the social partners in this regard.

5. Part V of the report form. Differentials in the earnings of men and women. The Committee notes from the Swiss Survey on Wage Structure 2002 that the differential in the remuneration received by men and women in the private sector (20.9 per cent) and in public employment at the cantonal level (20.7 per cent) has slightly decreased since 2000. However, the differential between men’s and women’s remuneration in federal public employment has increased from 10.1 per cent in 1998, and 10.2 per cent in 2000, to 10.7 per cent in 2002. The Committee also notes that a study on men’s and women’s remuneration has been commissioned by the Government which will analyse the development of the gender remuneration gap over time, based on the wage structure surveys. The Committee asks the Government to: (i) indicate the measures taken to address the increasing gender wage gap in the federal public sector; (ii) continue to provide detailed statistical information on the earnings received by men and women in the private and public sectors and to supply a copy of the study on the development of the gender wage gap over time commissioned by the Government; and (iii) provide information on any study undertaken to examine the impact of increasing reliance on fringe benefits as a form of remuneration, as found by the Swiss Survey on Wage Structure 2002 on the gender pay gap.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the "Swiss Survey on Wage Structures 1998" and the press release published by the Federal Office for Statistics in November 2001. It notes that, overall, in 2000, the wage gap between men and women continues to persist in both the public and the private sectors with women earning 21.3 per cent less than men (21.5 per cent in 1998). More specifically, it notes that wage differences are lower at federal level (10 per cent) than in the cantonal administration (21.1 per cent), and that wage differences amount to 22 per cent in the private sector. Further, the figures collected for 1998 show that women continue to predominate in part-time work and in the lower salary levels and that salary differences are particularly significant for higher level jobs. The Committee notes that the Federal Administration has developed a new remuneration system through the adoption of the Ordinance of 2 July 2001 concerning employees of the Confederation, implementing the Act of 24 March 2000 concerning these employees. It notes that section 16(1) of the Ordinance of 2001 provides that extra-professional criteria, such as sex, shall not interfere in personnel evaluations or in the determination of salaries. It also notes that, according to the Government, remuneration based on merit will be at the forefront of the new remuneration system. Noting that, in 2003, the first annual report on the new policy (section 21(2)(a) of the Ordinance of 2001) would contain information on the impact of the administrative measures on the new salary system, the Committee would be grateful if the Government would supply, with its next report, a copy of the annual report as well as information on the impact of the new remuneration system on reducing the wage disparity in the public sector, especially in the cantonal administration.

2. The Committee notes from the 1998 survey that wage differentials are reinforced upon marriage, with the salary of men increasing on average by 4.5 per cent while the salary of women reduces on average by 3.7 per cent upon marriage. It asks the Government to indicate the reasons for the higher wage differentials between married men and women and to provide information on any measures taken to eliminate differential treatment between married men and women with respect to remuneration. The Committee also notes that wage differentials between men and women (especially for the lowest category jobs) are also increasing with age and that this may be partly explained by women’s withdrawal from professional life due to maternity and family responsibilities, and the fact that fewer women than men accumulate more than 20 years of service in the same enterprise. Noting that the Government had launched a campaign to encourage young families to negotiate a more adequate sharing of work and family responsibilities, the Committee asks the Government to keep it informed of the impact of this campaign as well as any other measures taken or envisaged to assist workers with family responsibilities, and on reducing the wage gap between men and women.

3. In reference to its previous comments concerning the case M.B. v. Canton of St. Gallen of 17 May 2000, in which the Federal Tribunal found that, in view of the lack of competition in the labour market, lower pay is justified for teachers of psychiatric nursing than for teachers of technical professions in vocational schools, the Committee notes the Government’s statement that a readjustment of the teaching profession is under discussion and that the establishment of a legal framework at federal level for the health professions would contribute to avoiding different treatment in the allocation of funds to the training of teachers in vocational schools and teachers in nursing. It asks the Government to provide information on any developments in this regard.

4. Further to the above, the Committee notes that section 37 of the Ordinance of 2 July 2001 provides that, in order to determine the starting salary of an employee in the context of the salary scales defined by section 36 of the Ordinance, the competent authority shall take account of the employee’s education, his or her professional and extra-professional experience as well as the labour market situation. It also notes that section 50 of the Ordinance of 2001 provides that, with a view to attracting competent staff and build staff loyalty, an employee may be granted a "labour market allowance" not higher than 20 per cent of the maximum amount of evaluation scale A. The allocation is revised every year and is withdrawn when the conditions for granting it no longer exist (section 17 of the Ordinance of the Federal Department of Finance of 6 September 2001 concerning the Ordinance of 2 July 2001). The Committee draws the attention of the Government to the importance of monitoring "market value" as a criterion for determining rates of remuneration to ensure that its application in practice is free from gender bias and does not operate to disadvantage remuneration levels of women as compared to men. It asks the Government to keep it informed on the application of the abovementioned provisions and to supply information on the extent to which measures have been taken or are envisaged to offset any negative impact that the use of the labour market mechanism may have on the achievement of equal remuneration between men and women for work of equal value.

5. The Committee notes the various publications, newsletters and awareness raising initiatives organized by the Federal Bureau on Equality between Men and Women, including the list of projects that were granted funding in 2001, the development of a web site on cases of the Federal Tribunal, and the colloquium organized for equality offices established in the cantons in October 2000. It notes that the equality offices have dealt with 120 cases between 1996 and 2000 of which a third concerned equal pay issues. It also notes that, according to the Government, the low number of equal pay cases is partly explained by the fact that equal pay procedures are usually very long and that an appeal to the Federal Tribunal does not necessarily guarantee that compensation will be obtained. In this regard, the Committee notes the comments made by the Swiss Employers’ Union to the effect that they disagree with the reasons given by the Government for such a low number of cases. It asks the Government to indicate the measures taken or envisaged to increase the accessibility for men and women to the courts and the equality offices, and to continue to provide information on the measures taken to promote the application of the Federal Act on Equality and the advisory services provided on equal remuneration between men and women for work of equal value. Please also provide a copy of the decision by the Federal Tribunal, once issued, concerning the appeal by the women home economics teachers in Fribourg, seeking equal wages with their male colleagues.

6. The Committee notes that a report on the implementation of the Swiss Action Plan for Equality containing information on the results of the measures taken by the General Administration to promote equal remuneration was going to be presented to Parliament in December 2002. It asks the Government to supply a copy of the report with its next report.

7. With regard to the development of an econometric supervisory instrument by the Federal Bureau of Equality in the context of the supervision of the Public Contracts Act of 1994 by the bureaux of equality, the Committee notes the Government’s statement that a preliminary version of the supervisory instrument to monitor equal remuneration is being tested in a number of enterprises and adaptations will probably be necessary. Noting that the Government indicates that it will probably be in a position to present the instrument in its next report, the Committee looks forward to receiving a copy of the instrument once finalized as well as information on the implementation of the provisions of sections 6 (supervision) and 8 (concerning equal remuneration) of the Public Contracts Act.

8. The Committee notes the Government’s statement that the pilot project to evaluate key qualifications, which can be used for deciding to employ a worker or for determining wages, has never been systematically tested by the Federal Office for Statistics. It asks the Government to keep it informed of any developments in this regard as well as any findings of the pilot project related to the application of the Convention.

CMNT_TITLE

The Committee notes the information provided in the Government’s report and the attached documentation including the comments of the Swiss Employers’ Union contained in the report of the Government.

1. The Committee notes the "Swiss Survey on Wage Structures 1998" and the press release published by the Federal Office for Statistics in November 2001. It notes that, overall, in 2000, the wage gap between men and women continues to persist in both the public and the private sectors with women earning 21.3 per cent less than men (21.5 per cent in 1998). More specifically, it notes that wage differences are lower at federal level (10 per cent) than in the cantonal administration (21.1 per cent), and that wage differences amount to 22 per cent in the private sector. Further, the figures collected for 1998 show that women continue to predominate in part-time work and in the lower salary levels and that salary differences are particularly significant for higher level jobs. The Committee notes that the Federal Administration has developed a new remuneration system through the adoption of the Ordinance of 2 July 2001 concerning employees of the Confederation, implementing the Act of 24 March 2000 concerning these employees. It notes that section 16(1) of the Ordinance of 2001 provides that extra-professional criteria, such as sex, shall not interfere in personnel evaluations or in the determination of salaries. It also notes that, according to the Government, remuneration based on merit will be at the forefront of the new remuneration system. Noting that, in 2003, the first annual report on the new policy (section 21(2)(a) of the Ordinance of 2001) will contain information on the impact of the administrative measures on the new salary system, the Committee would be grateful if the Government would supply, with its next report, a copy of the annual report as well as information on the impact of the new remuneration system on reducing the wage disparity in the public sector, especially in the cantonal administration.

2. The Committee notes from the 1998 survey that wage differentials are reinforced upon marriage, with the salary of men increasing on average by 4.5 per cent while the salary of women reduces on average by 3.7 per cent upon marriage. It asks the Government to indicate the reasons for the higher wage differentials between married men and women and to provide information on any measures taken to eliminate differential treatment between married men and women with respect to remuneration. The Committee also notes that wage differentials between men and women (especially for the lowest category jobs) are also increasing with age and that this may be partly explained by women’s withdrawal from professional life due to maternity and family responsibilities, and the fact that fewer women than men accumulate more than 20 years of service in the same enterprise. Noting that the Government has launched a campaign to encourage young families to negotiate a more adequate sharing of work and family responsibilities, the Committee asks the Government to keep it informed of the impact of this campaign as well as any other measures taken or envisaged to assist workers with family responsibilities, and on reducing the wage gap between men and women.

3. In reference to its previous comments concerning the case M.B. v. Canton of St. Gallen of 17 May 2000, in which the Federal Tribunal found that, in view of the lack of competition in the labour market, lower pay is justified for teachers of psychiatric nursing than for teachers of technical professions in vocational schools, the Committee notes the Government’s statement that a readjustment of the teaching profession is under discussion and that the establishment of a legal framework at federal level for the health professions would contribute to avoiding different treatment in the allocation of funds to the training of teachers in vocational schools and teachers in nursing. It asks the Government to provide information on any developments in this regard.

4. Further to the above, the Committee notes that section 37 of the Ordinance of 2 July 2001 provides that, in order to determine the starting salary of an employee in the context of the salary scales defined by section 36 of the Ordinance, the competent authority shall take account of the employee’s education, his or her professional and extra-professional experience as well as the labour market situation. It also notes that section 50 of the Ordinance of 2001 provides that, with a view to attracting competent staff and build staff loyalty, an employee may be granted a "labour market allowance" not higher than 20 per cent of the maximum amount of evaluation scale A. The allocation is revised every year and is withdrawn when the conditions for granting it no longer exist (section 17 of the Ordinance of the Federal Department of Finance of 6 September 2001 concerning the Ordinance of 2 July 2001). The Committee draws the attention of the Government to the importance of monitoring "market value" as a criterion for determining rates of remuneration to ensure that its application in practice is free from gender bias and does not operate to disadvantage remuneration levels of women as compared to men. It asks the Government to keep it informed on the application of the abovementioned provisions and to supply information on the extent to which measures have been taken or are envisaged to offset any negative impact that the use of the labour market mechanism may have on the achievement of equal remuneration between men and women for work of equal value.

5. The Committee notes the various publications, newsletters and awareness-raising initiatives organized by the Federal Bureau on Equality between Men and Women, including the list of projects that were granted funding in 2001, the development of a web site on cases of the Federal Tribunal, and the colloquium organized for equality offices established in the cantons in October 2000. It notes that the equality offices have dealt with 120 cases between 1996 and 2000 of which a third concerned equal pay issues. It also notes that, according to the Government, the low number of equal pay cases is partly explained by the fact that equal pay procedures are usually very long and that an appeal to the Federal Tribunal does not necessarily guarantee that compensation will be obtained. In this regard, the Committee notes the comments made by the Swiss Employers’ Union to the effect that they disagree with the reasons given by the Government for such a low number of cases. It asks the Government to indicate the measures taken or envisaged to increase the accessibility for men and women to the courts and the equality offices, and to continue to provide information on the measures taken to promote the application of the Federal Act on Equality and the advisory services provided on equal remuneration between men and women for work of equal value. Please also provide a copy of the decision by the Federal Tribunal, once issued, concerning the appeal by the women home economics teachers in Fribourg, seeking equal wages with their male colleagues.

6. The Committee notes that a report on the implementation of the Swiss Action Plan for Equality containing information on the results of the measures taken by the General Administration to promote equal remuneration will be presented to Parliament in December 2002. It asks the Government to supply a copy of the report with its next report.

7. With regard to the development of an econometric supervisory instrument by the Federal Bureau of Equality in the context of the supervision of the Public Contracts Act of 1994 by the bureaux of equality, the Committee notes the Government’s statement that a preliminary version of the supervisory instrument to monitor equal remuneration is being tested in a number of enterprises and adaptations will probably be necessary. Noting that the Government indicates that it will probably be in a position to present the instrument in its next report, the Committee looks forward to receiving a copy of the instrument once finalized as well as information on the implementation of the provisions of sections 6 (supervision) and 8 (concerning equal remuneration) of the Public Contracts Act.

8. The Committee notes the Government’s statement that the pilot project to evaluate key qualifications, which can be used for deciding to employ a worker or for determining wages, has never been systematically tested by the Federal Office for Statistics. It asks the Government to keep it informed of any developments in this regard as well as any findings of the pilot project related to the application of the Convention.

CMNT_TITLE

The Committee notes the information provided in the Government’s report and the attached documentation.

1. The Committee notes the study "Comparative analysis of wages of men and women based on the 1994 and 1996 surveys of wage structures". It also notes the "Swiss survey of wage structures 1996" and the press release published by the Federal Statistical Office in 1999 with the results of the 1998 survey of wage structures. The Committee notes that the wage gap continues to be reduced slowly. In 1998, the difference between men’s and women’s wages was 22 per cent in the private sector (23 per cent in 1996), compared with 9 per cent in the public sector (11 per cent in 1996). The Committee notes that statistical data were also collected in 1998 respecting the wages of men and women employed in the cantonal administration, and that the results were published during Spring 2000. The Committee asks the Government to supply a copy of the above data and to continue providing information on the results of future surveys. In this regard, the Committee notes the Government’s statement that so far the data compiled on earnings in the Federal Statistical Office’s surveys of wage structures do not as yet show all the various components of remuneration, as recommended in the Committee’s general observation of 1998, but that this should be overcome in the survey for 2000. The Committee therefore hopes the Government will be in a position to supply full statistical information with its next report.

2. The Committee notes with interest from the Government’s report that the Federal Administration adopted on 1 March 1999 a "Swiss Action Plan for Equality between Women and Men" under which the action to be taken to promote equal remuneration for men and women workers for work of equal value will include: the creation of machinery to ensure that no discrimination occurs when measuring work performance before introducing remuneration based on merit; the introduction of a control mechanism at the federal level to ensure that subcontractors under public contracts respect the principle of equal remuneration for men and women workers for work of equal value; and calling upon the Federal Administration to examine whether its current wage system causes direct or indirect structural discrimination and, if so, to take action and remedy it.

3. Pointing out that sections 14 and 15 of the Federal Act on Equality between Men and Women allow for the possibility of providing support to private and public organizations for the adoption of promotional measures, the Government provides details on projects that were granted funding in 1998 and 1999. The Committee notes that several projects promote the application of the Convention, including one project consisting of the re-evaluation and reclassification of non-skilled work in the watchmaking industry which resulted in an increase in the wages of women workers in Geneva.

4. The Committee notes that since 1999 the Federal Bureau on Equality between Men and Women has been publishing annually the newsletter "Paso doble", containing information on equality programmes and court cases relating to equality issues, and particularly issues relating to equal remuneration for men and women workers for work of equal value. It also takes note of the book "When the work is equal: Non-discriminatory evaluation of workers" published in 2000 and the pamphlet "Practice makes perfect", both of which contain practical guidance and recommendations for the application of non-discriminatory job evaluation when introducing remuneration based on merit. The Committee asks the Government to continue to provide information on the measures taken to promote the application of the Federal Act on Equality and, in particular, on the promotional programmes undertaken and the advisory services provided on equal remuneration between men and women workers for work of equal value.

5. With regard to court decisions relating to the application of the principle of equal remuneration under the Federal Act on Equality, the Committee notes from the Government’s report that the appeal made to the Federal Tribunal by the women home economics teachers in Fribourg, seeking equal wages with their male colleagues, is still pending. The Committee also notes from the Government’s report that the Federal Tribunal has dealt with 18 cases relating to equal remuneration, of which 16 concern communal or cantonal workers seeking readjustment of their wages. It requests the Government to supply copies of the decisions when they are issued.

6. The Committee notes the Government’s statement that the following principles have emerged from the Federal Tribunal’s case law respecting equal remuneration for men and women workers for work of equal value: there is a five year time limit on bringing a case to court, starting from the date on which the discrimination occurred; and the right to equal wages applies to all men and women workers irrespective of the financial situation of the employer. In this respect, the Committee further notes the information provided in the Government’s report concerning the case M.B. v. the Canton of St. Gallen of 17 May 2000, in which the Federal Tribunal found that, for the purpose of calculating the wage of a teacher, in view of labour market mechanisms, comparison may be made with wages in the private sector. The Federal Tribunal further found in this case that, due to the lack of competition on the labour market, lower pay is justified for teachers of psychiatric nursing than for teachers of technical professions in vocational schools. It added that a commune, when calculating the wages of a group of professional workers, may take into consideration the actual costs of their education. The Committee notes the comments made by the Swiss Federation of Trade Unions to the effect that the decision in this case is contrary to the achievement of the principle of equal remuneration for men and women workers for work of equal value. The Committee asks the Government to supply any information on the extent to which measures have been taken or are envisaged to offset the negative impact that the use of the labour market mechanism may have on the achievement of equal remuneration between men and women in the teaching profession.

7. The Committee notes with interest from the Government’s report that section 8(1) of the Public Contracts Act of 16 December 1994 states that contracts can only be awarded to subcontractors who guarantee equal remuneration for men and women workers for work of equal value. Furthermore, the adjudicator can control compliance with the principle, or have it controlled (section 8(2)). The Committee notes with interest that the burden of proof is placed on the bidder. It also notes that under section 6 of the Public Contracts Order of 11 December 1995, the role of supervision may be transferred to the federal, cantonal or communal bureaux on equality. The Committee takes note of the Government’s statement that this supervision has still not been implemented and that the Federal Bureau on Equality between Men and Women has therefore called for the development of an econometric supervisory instrument, which was due to be completed at the beginning of year 2001. The Committee asks the Government to supply a copy of the instrument once it has been finalized and to provide information on the implementation of these provisions.

8. The Committee notes that the pilot project to evaluate key qualifications, which can be used both for deciding to employ a worker or for determining wages, has been carried out both in the Federal Statistical Bureau and in the private sector and that it will be extended to the Federal Administration. It asks the Government to keep it informed of any findings of such study related to the application of the Convention.

CMNT_TITLE

The Committee notes the information in the Government's report and the attached documentation.

1. The Government reports the following measures taken by the Federal Bureau on Equality between Men and Women to promote the application of the 1995 Federal Act on Equality between Men and Women, as it relates to equal remuneration: the holding of a seminar for judges in 1996 on the above Act, the holding of tripartite seminars in 1996 and 1997 on "Equality of Wages in Practice" which aimed at presenting the recently developed instruments for job evaluation (described more fully in point 3 of the Observation) and the role of job evaluation in implementing equality-related legislation; publication of the information booklet on "Equality in Professional Life" which explains the essential elements of the Federal Act on Equality and gives practical examples of its application, and publication of the brochure "My Salary under the Microscope" which provides women with practical guidelines on how to assess whether or not discrimination exists with regard to their salary. The Committee requests the Government to continue to provide information on the measures taken to promote the application of the Federal Act on Equality and, in particular, on promotional programmes and consultative services on equal remuneration between men and women for work of equal value.

2. As for court decisions on the 1995 Federal Act on Equality, the Committee notes the information in the Government's report on the appeal made to the Federal Tribunal by the female home economics teachers in Fribourg, seeking equal wages with their male colleagues, and requests the Government to continue to keep it informed on developments in the case and to supply a copy of the text of the decision, once it is issued by the Tribunal. The Committee further asks the Government to keep it informed of any court decisions relating to cases brought by trade unions and women's organizations under section 7 of the Act and cases brought directly by the persons concerned with or without assistance from these organizations.

3. The Committee notes with interest that the Federal Administration is currently taking part in a pilot project to evaluate the qualitative value of family and household activities that can be translated into professional work experience, and that certain administrative departments and enterprises have issued directives requiring these activities to be taken into account when recruiting and promoting personnel. It requests the Government to provide information on the findings and recommendations made in the pilot project which, according to the Government, will be presented in the course of 1999.

4. With reference to the Committee's comments on the Federal Bureau's role in wage negotiations and cases of wage discrimination, the Committee notes the Government's statement that the Federal Bureau on Equality has primarily an advisory role vis-à-vis private persons and various organizations which, together with the administration, regularly approach the Bureau on equality-related questions. The Committee would be grateful if the Government would provide information on the impact of the Federal Bureau's advisory role as regards the practical application of the principle of equal remuneration between men and women for work of equal value.

5. The Committee notes with interest from the observations of the UN Human Rights Committee in 1997 (CCPR/C/SR.1537 of 16 January 1997) the adoption of the Public Markets Act, which stipulates that contracts can be awarded only to bidders who guarantee their male and female employees equal pay for services provided, and requests the Government to supply a copy of the Public Markets Act and to provide information on its practical application.

6. Further to its previous comments concerning cantonal bureaus for equality between men and women, the Committee notes with interest the establishment of a new cantonal bureau on equality in the canton of Grisons in 1996. It also notes that decisions relating to the establishment, functioning, suppression and funding of cantonal bureaus for equality between men and women come under the competence of the cantons concerned, and requests the Government to indicate, in its next report, the measures taken or envisaged by the Federal Bureau on Equality to promote and ensure the application of the Act on equality, particularly as regards equal remuneration between men and women workers for work of equal value, in those cantons in which cantonal bureaus on equality are non-existent. Please also provide information on any activities carried out by the cantonal bureaus to promote the application of the Convention.

7. The Committee notes that the Federal Statistics Office, together with the Federal Bureau on Equality, have commissioned a special study on equal remuneration, due in 1998, which will be based on the surveys of 1994 and 1996 on Swiss wage structures. The Committee requests the Government to supply a copy of the final report as well as its publication by the Federal Statistics Office, due in 1999, and to continue to keep it informed of the results of the periodic survey on trends in wage differentials between the sexes.

CMNT_TITLE

1. The Committee notes the results of the 1996 survey on wage structures, published in 1998 by the Federal Statistics Office, which show that in 1996 the wage gap between women and men has only slightly narrowed, particularly in the public service, and that women still earned an average of 23 per cent less than men (compared to 24 per cent in 1994) in the private sector, and 11 per cent less (compared to 14 per cent in 1994) in the public sector.

2. The Committee further notes with interest that the Federal Bureau on Equality between Men and Women has recently drawn up two instruments for objective job evaluation, notably the "Analytical Evaluation of Work according to Katz and Baitsch" (ABAKABA) and "Do I earn what I deserve?" (VIWIV) which are aimed at eliminating gender-bias and contributing to the introduction of a non-discriminatory wage system in enterprises, administrative departments and other organizations. Both instruments are intended for personnel managers, workers' and employers' organizations, judges, counselling services, and conciliation offices. The Committee particularly notes that ABAKABA takes into consideration masculine and feminine characteristics and includes criteria such as repetitiveness and precision of movements, responsibility for the life of others, responsibility for the environment, the number of work interruptions (for example in secretarial and clerical work), empathy, and the ability to organize, which are usually linked to typical female occupations. In addition, the Committee notes that the VIWIV instrument aims to complement ABAKABA and allows workers to assess whether or not direct or indirect wage discrimination has taken place, including discrimination in the manner in which the evaluation of jobs has been executed, and discrimination resulting from the specific choice and unequal balance of criteria related to either typical female or male occupations in the job evaluation method used. The Committee encourages the Government to continue to promote the application of the above methods and to keep it informed on the progress made in its practical implementation by enterprises, the administrative departments and workers' and employers' organizations in wage determination and the results achieved in terms of reducing the wage gap.

3. The Committee notes with interest the ratification of the UN Convention on the Elimination of All Forms of Discrimination Against Women, which came into force on 26 April 1997.

4. The Committee raises points on other matters in a request addressed directly to the Government.

CMNT_TITLE

1. The Committee notes with interest the adoption on 24 March 1995 of the Federal Act on equality between men and women and its coming into force on 1 July 1996, and particularly section 3, which prohibits any discrimination on the ground of sex in respect, inter alia, of remuneration; section 6, which lightens the burden of proof in disputes relating, among other matters, to equal remuneration; and section 7, which permits, under certain conditions, trade unions and women's organizations to bring cases of discrimination to the courts. The Committee asks the Government to supply information on the measures that have been taken to promote and supervise the application of the new Act as it relates to equal remuneration for men and women workers for work of equal value. In this respect, the Committee requests the Government to supply information on court decisions relating to both cases brought by trade unions and women's organizations under section 7 of the new Act and cases brought directly by the persons concerned with or without the assistance of these organizations. In particular, the Committee would be grateful if the Government would provide information on the appeal made to the Federal Tribunal by the female infant and home economics teachers in Fribourg claiming equal wages with their male colleagues, with the text of the decision taken.

2. The Committee notes that, with a view to the coming into force of the new Act on equality, the Federal Bureau on Equality between Men and Women is having a job evaluation instrument drawn up which will be gender neutral and will contribute to the introduction of a non-discriminatory wage system in enterprises and administrative departments. The Committee asks the Government to provide a copy of this document when it is completed. In the meantime, the Committee would be grateful if the Government would supply any information available on the progress achieved in the implementation by enterprises, the administration and the trade unions of the directives and recommendations on equal wages and the evaluation of work contained in the brochure "Men and women are entitled to equal wages for work of equal value", to which it referred in its previous report. The Committee would be grateful to be provided with a copy of any system for the classification of functions in a gender neutral manner that has been developed on the basis of these recommendations.

3. Noting that the Federal Bureau on Equality has systematically been requested to discharge a mediation function in wage negotiations and in cases of wage discrimination, the Committee asks the Government to indicate the results of wage negotiations and the decisions taken in cases of wage discrimination in which such mediation was requested.

4. While noting with interest the establishment of two new cantonal bureaus for equality between men and women and the establishment of a position on personnel and equality law in another Canton, the Committee is concerned by the doubt cast over the existence and the risk of the abolition of a number of cantonal bureaus, including those in Zurich and Bern, and the abolition in 1995 of the cantonal bureau in Zug. The Committee requests the Government to state whether this risk still persists and, if so, the measures that have been taken or are envisaged to eliminate the risk and ensure that all the cantonal bureaus on equality continue to exist and benefit from adequate resources until the objectives for which they were created are completely achieved, in particular the elimination of discriminatory practices on grounds of sex and the promotion of equal remuneration between men and women workers for work of equal value. The Committee also requests the Government to state whether the abolition of the bureau on equality of the Canton of Zug was justified, and, if not, the measures that have been taken or are envisaged, particularly by the Federal Bureau on Equality, to encourage and assist its re-establishment.

5. The Committee notes with interest the detailed statistics supplied with the report on, among other matters, wage differentials between women and men. It notes, according to the results of the 1994 survey on wage structures, published in the autumn of 1996 by the Federal Statistics Office, that the wages of women remain substantially lower than those of men and that in 1994 women earned one-quarter less than men, or an average of 24 per cent or 1,238 Swiss francs less. Better training only results in a slight reduction of this differential. The concentration of women in occupations that are traditionally less well remunerated, the effects of seniority and the high proportion of women working part time all contribute to the considerable wage differentials between women and men. The Committee requests the Government to continue to keep it informed of the results of periodic surveys on trends in wage differentials between the sexes.

CMNT_TITLE

With reference to its previous direct requests, the Committee notes the information contained in the Government's report and the documents appended to it.

1. The Committee notes from the report that the procedure for the adoption of the draft text of the federal Bill respecting equality between men and women, which was drawn up following the recommendations contained in the report of the Working Group entitled "Equal Remuneration" in 1988, is following its normal course. The draft will be examined by the National Council in plenary sitting at the earliest during its spring 1994 session. The Committee requests the Government to keep it informed of the progress achieved in this procedure and to supply the text of the law when it is adopted.

2. With regard to the activities of the Federal Bureau on Equality, the Committee notes with interest the publication in March 1992 of the brochure "Men and women are entitled to an equal wage for work of equal value". The pamphlet contains directives relating to the Federal Constitution and the application of the right to equal wages, as well as to methods of evaluating work and the equivalence of activities, together with recommendations intended for enterprises, staff associations, trade unions and women. It would be grateful if the Government would supply information on the effect given in practice to these directives and recommendations and on the results obtained with regard to the application of the principle set out in the Convention.

3. The Committee notes with interest that three new equality bureaus have recently been established at the cantonal level. It requests the Government to continue supplying information on the extension of the network of equality bureaus and their activities in relation to the Convention.

4. With regard to the wages surveys, the Committee notes that work is continuing on the revision of the methods currently used to carry them out. It would be grateful to be provided with information on the outcome of this work, and in particular with regard to the improvements made to the methods of collecting and analysing data concerning wage differences for men and women workers for work of equal value.

5. The Committee refers to the information provided previously by the Government on the outcome of the wage survey carried out in 1991 by the Swiss Federation of Metal Workers and Watchmakers, the results of the wage survey carried out by the Swiss Society of Commercial Employees on commercial employees and sales staff in certain sectors, and the results of the econometric study commissioned by the Working Group on Equal Remuneration, which tend to show that the difference between the wages paid to men and women workers for work of equal value is very large and that, according to the above econometric study, the gap is generally 21.5 per cent (corrected data) for workers of Swiss nationality and 29.1 per cent (corrected data) for workers of foreign nationality. The Committee would be grateful if the Government would supply recent statistics if they are available indicating the progress achieved in reducing the difference between the remuneration of men and women workers performing work of equal value, particularly in the above sectors and in other sectors in which surveys have been carried out recently.

6. The Committee requests the Government to supply information on the measures which are envisaged, in the context of the draft text of the federal Act referred to above, to strengthen supervision of the implementation of legal provisions relating to equal remuneration for work of equal value, and particularly on the competent supervisory bodies and their means of action. It also requests the Government to continue to supply detailed information on court decisions relating to matters of principle concerning the application of the Convention.

CMNT_TITLE

The Committee notes the Government's report and the information that it contains in reply to its previous comments.

1. In particular, the Committee notes with interest that a draft of a federal Bill respecting equality between men and women has been drawn up in order to give effect to the majority of recommendations contained in the report of the Working Group entitled "Equal Remuneration" of 1988. The Committee notes that the procedure of consulting the parties affected has been completed and that it is planned to submit the Bill to Parliament by the end of 1992.

Furthermore, the Committee notes that in parallel with the consultations on the draft Bill, measures have been taken to give effect to three of the above recommendations for which a formal legal basis is not necessary. With regard to the recommendations concerning fields that are covered by specific legislation, the Committee notes that these will be examined when the legislation in question is being revised.

The Committee requests the Government to continue supplying detailed information on the implementation of the recommendations of the Working Group and to supply it with the text of the new legislation once it has been adopted by Parliament. The Committee also requests the Government to supply any further information concerning the application in practice of the principle of equal remuneration for men and women workers for work of equal value.

2. With regard to the activities of the Federal Bureau on Equality between Men and Women, the Committee notes with interest that tripartite discussions were held in the autumn of 1991 with a view to including the principle of equal remuneration in collective agreements. The Committee requests the Government to keep it informed of the outcome of these tripartite consultations.

The Committee also notes the information supplied concerning the activities of the Federal Bureau on Equality and the establishment of new bureaux at the cantonal and communal levels. It requests the Government to supply the text of the report published by the Federal Bureau on Equality on job evaluation and wage discrimination against women. It also requests it to supply information on the outcome of the work of the Federal Office of Industry, Arts, Crafts and Labour (OFIAMT) with a view to revising the methods of collecting information on wages and earnings and to supply copies of directives relating to the right of women and men to the same salary for work of equal value as soon as they are issued.

CMNT_TITLE

The Committee notes the information communicated on court decisions relevant to the application of the Convention, and requests the Government to continue to furnish copies of judicial decisions in this field. Please also communicate other available information on the application of the Convention in practice.

CMNT_TITLE

Further to its previous observation, the Committee notes the information supplied by the Government in its report, and the discussion in the Conference Committee in 1988.

1. The Committee notes with interest the final report of the Working Group entitled "Equal Remuneration", established by the Federal Department of Justice and Police, which was published in October 1988. It notes that the Working Group, in preparing its report, has based itself on four studies. These studies concerned: (a) an econometrical analysis of wages paid to men and women in Switzerland, from which it appeared that the possible range of wage discrimination between men and women, after corrections based on the factors education, experience and health, amounts to 7 per cent for Swiss women and to 28.4 per cent for non-Swiss women; (b) an empirical study among eight enterprises to establish the extent to which analytical methods of job evaluation favour or exclude wage discrimination against women, and from which it emerged that analytical methods of job evaluation may contain discriminatory elements; (c) a study to shed light on the reasons why women infrequently institute legal proceedings to enforce their right to equal remuneration, and which found the most important obstacles to be insufficient protection against dismissal, the difficulties in obtaining evidence to prove wage discrimination, the fear of finding oneself isolated socially and professionally, and the lack of moral, legal and financial support; and (d) a comparative study on equal rights policies in the United States, Canada, Sweden, the Federal Republic of Germany, Great Britain and France, which led the Working Group to conclude that a policy focusing on only equality of remuneration would not be sufficient to achieve equality between men and women on the labour market.

The Committee notes with interest the 25 recommendations made by the Working Group, divided into the following four categories: (a) measures to facilitate enforcement of the right to equal remuneration by individual complaints through the courts; (b) measures aimed at improving the position of women in the labour market; (c) measures in other legal areas (such as social insurance and taxation); and (d) organisational measures.

In particular, the Working Group made the following recommendations:

(a) that cantonal conciliation offices be established for the extrajudicial settlement of equal wage claims;

(b) that the judicial procedure for the treatment of equal wage claims be improved;

(c) that the burden of proof be placed on the employer as soon as the plaintiff has made a plausible allegation of wage discrimination;

(d) open the possibility of legal representation in equal wage cases (at present excluded in certain cantons);

(e) that organisations be given the right to institute proceedings in equal wage cases;

(f) that plaintiffs in equal wage cases be protected against dismissal during the proceedings and for one year thereafter; and

(g) that the possibility be opened that courts award damages for moral injury.

Referring to its 1988 observation on the inclusion of equal remuneration provisions in collective agreements, the Committee notes in particular the Working Group's recommendation, addressed to the social partners, that in concluding collective agreements, due attention be paid to section 4(2) of the federal Constitution. It notes, in this connection, the Government's statement to the Conference Committee in 1988 that it could exercise only very limited influence over the contents of collective agreements, as this was primarily a matter of private law.

Further, the Committee notes in particular the Working Group's recommendation that the Federal Bureau on Equality between Men and Women draw up guide-lines for assessing work of equal value, and for evaluating jobs on an objective basis.

The Committee notes that the Federal Council will shortly decide which of the Working Group's recommendations will be the subject of follow-up action. The Committee requests the Government to include in its next report detailed information on the action taken in respect of the recommendations by the Working Group "Equal Remuneration", as well as on the further progress achieved in the practical application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes that by Order of 24 February 1988 the Federal Bureau on Equality between Women and Men was established; that the Bureau started functioning on 1 January 1989; and that the question of equality in the field of labour, including equality of remuneration, will be one of the main activities of the bureau. Similar bureaux have been set up, or are planned to be established, in certain cantons.

It requests the Government to continue to supply information on the activities of the federal and cantonal bureaux on equality between women and men with respect to the application of the principle of equal remuneration for work of equal value.