Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Comments received from employers’ and workers’ organizations. The Committee notes the comments made by the Union of Swiss Employers (UPS) on 3 September 2012, by the Swiss Federation of Trade Unions (USS) on 30 August 2012, and by Travail.Suisse on 24 August 2012, on the application of the Convention.

The Committee also notes the comments made by the International Trade Union Confederation (ITUC) on 31 July 2012, on the application of the Convention, as well as the reply of the Government to these comments, received on 30 November 2012. The Committee will examine this information at its next session. The Committee requests the Government to provide its observations in reply to these comments which will be examined in the regular cycle.

The Committee further notes the comments made by the Geneva Trade Union Action Group (CGAS), dated 30 August 2012, which question the conformity of the provisions of the new Constitution of the Canton of Geneva with the principles of freedom of association contained in the Convention. The Committee observes that the draft new Constitution of the Canton of Geneva contains two provisions relating to freedom of association and the right to strike. Section 36 of the draft provides that freedom of association is guaranteed, that no person may be discriminated against because of trade union membership or activity, that trade union information is available in all workplaces and that disputes are settled primarily through negotiation or mediation. Section 37 of the draft, which deals with the right to strike, provides that this right and the right of collective lay-offs are guaranteed if they relate to employment relationships and are consistent with the obligation to preserve industrial peace or resort to conciliation. Furthermore, according to this provision, the law may prohibit certain categories of persons from striking or restrict a strike in order to ensure a minimum service. The Committee notes the Government’s reply that it is not for the federal administration to comment in view of the principle of cantonal sovereignty. The Government adds that in so far as the Constitution is adopted by popular vote, it will be submitted for approval to the Swiss Parliament. The Committee observes that sections 36 and 37 of the draft Constitution address the exercise of freedom of association and the right to strike only in general terms and do not seem in themselves to violate the Convention.

Article 3 of the Convention. The right of organizations to carry out their activities in full freedom and to formulate their activity programmes. The Committee recalls that for many years its comments have addressed the need to provide for Confederation personnel excluded from the right to strike, particularly persons exercising authority in the name of the State or providing essential services under federal law, compensatory procedures for the settlement of disputes, such as mediation or impartial arbitration procedures seen to be reliable by the parties concerned. Thus, in its previous comments the Committee noted the review being carried out of the Act on Confederation Personnel and asked the Government to address the issue of including such measures in the Act, in consultation with the trade unions concerned. The Committee notes the Government’s indication that the revision of the Act on Confederation Personnel does not provide for any compensatory measures for the settlement of disputes. The Committee once again urges the Government to take the necessary measures, in consultation with the trade unions concerned, to ensure that the Confederation workers exercising authority in the name of the State or providing essential services who are denied the right to strike are afforded compensatory guarantees, in accordance with the above principles.

The Committee recalls that for many years its comments have also addressed the issue of the prohibition on the right to strike in the public service in certain cantons. It notes the Government’s indication that striking is recognized in the federal Constitution, in all cantons and all communities, except for two cantons which prohibit all their public officials from striking. The Committee notes that, according to Travail.Suisse, the general prohibition on strikes in the two cantons offends against the federal Constitution and the organization expects the Secretariat for Economic Affairs to remind the cantons concerned of the restrictions on the right to strike deriving from the Constitution. In these circumstances, the Committee once again urges the Government and the competent authorities of the cantons concerned to undertake any initiatives, measures or consultations needed to ensure that the prohibition on the right to strike in the public service is limited strictly to public officials exercising authority in the name of the State. The Government is requested to indicate in its next report any development in this regard.

In its previous comments, the Committee requested the Government to guarantee respect of the principle that trade unions must be able to enter the workplace. The Committee notes that, in its latest communication, the USS/SGB again cites new instances of obstacles to the presence of unions at the workplace in one canton’s public administration as well as in the catering and retail sectors. The Committee is bound to point out once again that the right conferred by Article 3 of the Convention on workers’ and employers’ organizations to organize their activities and formulate their action programmes in full freedom in order to defend the occupational interests of their members, in observance of the law, includes in particular the right to hold trade union meetings and the right of trade union officers to have access to places of work and to communicate with management. The Committee trusts that the Government will ensure full observance of this principle in the future.