Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the Government's report concerning the application of the Convention.

1. The ban on strikes by public employees. With reference to its previous comments on the need to amend the national legislation (section 23(1) of the Federal Act of 30 June 1927, banning strikes by public servants), in order to ensure that public employees other than those exercising authority in the name of the State, and their organizations, have the right to strike as a means of defending their economic, social and occupational interests, the Committee notes the Government's indication in its report that the federal Declaration concerning the total revision of the 1927 Act will not be adopted before 1995, and that it is therefore unable to provide particulars of the amendments envisaged.

The Committee must therefore express once again the hope that the Declaration concerning the total revision of the Federal Act on the conditions of service of the public service will take account of the principles of freedom of association and, in particular, that it will not deny public servants other than those who exercise authority in the name of the State the right to strike in order to defend their occupational interests if they so wish (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 158). It again asks the Government to indicate in its next report any measures taken in this regard.

2. Penalties imposed on railway men for striking in 1989. While recalling that the exercise of the right to strike does not in principle justify the imposition of sanctions on striking workers and that the maintaining of the employment relationship is a normal legal consequence of the recognition of the right to strike (see 1994 General Survey on Freedom of Association and Collective Bargaining, page 139), the Committee notes with interest that, in its report, the Government indicates that the representative of the railway men concerned has been contacted with a view to quashing the above penalties which, in any case, have not yet been applied since the appeal has the effect of suspending their execution. In view of the fact that an agreement on the matter should be signed in the near future it is unlikely, according to the Government, that there will be a court decision on the matter. The Committee asks the Government to provide a copy of the above agreement.