Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the information provided by the Government in its report and the observations made by the Swiss Federation of Trade Unions, the Swiss Union of Arts and Crafts (USAN) and the Vaud Chamber of Arts and Crafts.

The Committee notes with satisfaction the information provided by the Government in its report to the effect that a new article 28, entitled "freedom of association", has been added to the revised Federal Constitution, which came into force on 1 January 2000. Paragraph 1 of this article explicitly enshrines the right of workers, employers and their organizations to associate in the defence of their interests, establish associations and join them or not, while paragraphs 2 to 4 of article 28 recognize the legality of strikes and lockouts, provided that they are related to industrial relations and are in conformity with the obligations of maintaining labour peace and having recourse to conciliation.

Furthermore, 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, prohibiting strike action 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 with interest that section 24 of the Act respecting federal employees, which was endorsed by the Federal Chambers on 24 March 2000, provides that the Federal Council may only restrict or prohibit the right to strike where so required by the security of the State, the safeguard of its interests governed by external relations or the guarantee of vital supplies or goods for the country. The Committee notes that, according to the Government, the Act will come into force on 1 July 2002 at the latest.

The Government also states that a draft ordinance respecting federal employees, which is currently being submitted for consultation to the offices, provides that the right to strike is prohibited for certain categories of personnel who exercise functions of authority or who provide essential services. All the other employees of the federal administration enjoy the right to strike.

The Committee requests the Government to make its comments on the observations of the Swiss Federation of Trade Unions concerning restrictions on the right to strike in certain cantons.

[The Government is asked to report in detail in 2001.]