Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Switzerland (Ratification: 1994)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. National policy for the hotel and restaurant sector. The Committee notes the Government’s indication that the Federal Act against illegal employment (LTN), which entered into force on 1 January 2008, aims at fighting illegal employment principally by reinforcing supervision and sanctions while an information campaign was launched in November 2007 in order to sensitize public opinion. The Committee understands that the employment of undocumented workers has long characterized the hotel and restaurant sector; for instance, inspection statistics for the Vaud Canton published in 2008 showed that 55 per cent of all controlled establishments employed irregular workers. The Committee would be interested in receiving concrete information, if available, as to the impact of the new legislation on employment patterns in the hotel and restaurant sector.

Article 8. Means of implementation. The Committee notes the Government’s indication that the latest extension and modification of the National Collective Labour Agreement (CCNT) for hotels, restaurants and cafes took effect on 1 January 2008 and will remain in force until 31 December 2011. It also notes that 206,000 workers and 26,315 employers are currently covered by the provisions of the CCNT. In this regard, the Committee notes the statistical information provided by the Swiss Federation of Trade Unions (USS) according to which 1,897 establishments covered by the CCNT were controlled in 2007, and 15.5 per cent of those were found in violation of the collectively agreed minimum wages. The Committee requests the Government to continue providing up to date information on the supervision of the application of measures taken in pursuance of the Convention and the results obtained.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would continue supplying general information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, catering and tourism industry, if possible broken down by age and gender, inspection results, employment trends in the hotel and catering sector (e.g. feminization, migrant workforce), copies of official reports and surveys addressing questions related to the working conditions in the hotel and catering sector, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with interest the information contained in the Government’s report, in particular the conclusion of a national collective labour agreement (CCNT) for hotels, restaurants and cafes on 6 July 1998 and the subsequent extension of its scope of application by virtue of the Federal Council Order of 19 November 1998. It also notes the amendments to the Labour Act (LTr) introduced in August 2000 and the adoption on 10 May 2000 of the new Ordinances regarding the Labour Act (OLT 1 and 2), especially the provisions on working time, overtime work, rest periods and the posting of notices on working hours.

Article 3, paragraph 1, of the Convention. The Committee notes the Government’s reference to specific measures aimed at protecting the employment conditions of the workers concerned such as the bill submitted to the Parliament in January 2002 which aims at fighting illegal employment principally by reinforcing supervision and sanctions. The Committee should be grateful if the Government would continue to supply information on the measures taken or envisaged to further improve the working conditions in the hotels, restaurants and similar establishments. It would particularly appreciate receiving additional information on existing national training schemes and programmes designed to improve the skills and enhance the career prospects of those employed in the hotel, restaurant and catering industry.

Part V of the report form. The Committee notes the Government’s indication according to which 206,000 employees and 26,315 employers are subject to the national collective labour agreement for hotels, restaurants and cafes currently in force. It also notes the 2001 report of the joint commission responsible for supervising the above agreement, in particular the monitoring of the application of its provisions through sample surveys carried out among the 26,500 establishments covered by the collective agreement and the number and results of inspection visits. The Committee requests the Government to continue to provide all available information bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the detailed information provided in the Government's first report. It also notes the Government's statement that, following the denunciation of the collective labour agreement (CCT) for hotels, restaurants and cafés on 30 June 1996, the sector is not currently subject to any kind of formal agreements. Negotiations are in progress at national level and a mediator has been appointed. According to the timetable drawn up, the partners hope to reach agreement on a new text at the latest in the autumn of 1997 so as to enable the new CCT to come into force on 1 January 1998. In the meantime, the social partners of the Canton of Geneva have adopted a cantonal CCT, the provisions of which have been extended in an Order of the Geneva State Council of 29 October 1996. This CCT is valid until such time as a new national collective labour agreement declared by the Federal Council to be of general application comes into force, but at the latest until 31 December 1998.

The Committee requests the Government to provide information on the developments in the negotiations in progress with a view to the conclusion of a new national collective labour agreement (CCNT) and to send, where appropriate, copies of the relevant texts as soon as they have been adopted.

In addition, the Committee requests the Government to provide additional information on the following points:

Article 3, paragraph 1, of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to the adoption and application of a policy designed to improve the working conditions of the workers concerned, in accordance with the provisions of the Convention.

Point V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in the country, by enclosing, for example, details of the number of workers (Swiss nationals and foreigners) covered by the CCT, together with relevant extracts from labour inspection reports (for example, infringements recorded, penalties imposed), or from reports on the supervision of the application of the collective agreement in force (for example, reports of the joint commission responsible for supervising the collective agreement, the Office responsible for monitoring the collective agreement, and so on).