Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Switzerland (Ratification: 1975)

With reference to its previous comments, the Committee notes the Government's report, which deals with the following two points:

1. Denial of the right to strike of public servants. The Government indicates in its report that the conditions of service of employees of the federal administration are covered by federal public law. Their general legal status is therefore determined by the federal Parliament, within which associations of federal employees are represented or may have their views put forward. The Government adds that, although no decision as to the principle has yet been taken at this stage, it is envisaged that the conditions of service of federal public servants will be revised. The discussions and consultations which will take place in this context could eventually cover the problem of the right to strike with a view to finding a satisfactory solution. The Government however notes that any decision to modify federal legislation, whether concerning conciliation and arbitration procedures or the right to strike, lies in the final instance with the federal Parliament.

The Committee hopes that the legislation, which establishes consultative machinery but does not establish conciliation or arbitration procedures enabling public servants (who are forbidden to strike by section 23(1) of the federal Act of 30 June 1927 respecting the conditions of service of federal employees) to defend their economic and social interests and put their claims forward to an impartial body which issues binding awards, will be amended in line with the Committee's previous comments. It requests the Government to indicate in its next report the practical measures that it has taken to bring its legislation into conformity with the Convention.

2. Sanctions imposed upon railwaymen for striking. The Committee takes due note of the detailed information supplied by the Government concerning the disciplinary procedure undertaken against certain mechanics employed by the federal railways.

The Committee requests the Government to supply the text of judgements of the appeals which have been made by the workers concerned and are still under way.

Noting furthermore that the Swiss Federation of Trade Unions (USS) has furnished its comments on the two above-mentioned points in a communication received on 17 February 1993, the Committee will examine the substance of these comments following the Government's observations thereon and during the next session on the application of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]