Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Suiza (Ratificación : 1999)

The Committee notes the observations of the Swiss Federation of Trade Unions (USS), received on 22 August 2025, which concern issues examined in the present comment.

Articles 1 and 3 of the Convention. Adequate protection against anti-union dismissals. The Committee recalls that in its previous observation it noted with regret that there was no significant change in the protection provided at national level against anti-union dismissals, while recognizing the Government’s efforts over many years to promote social dialogue in order to reach a solution. The Committee recalls that these efforts include: (i) the holding of a seminar on 8 May 2017, during which the social partners held to opposing positions – the employers’ representatives not wishing to strengthen sanctions in case of unfair dismissal and referring to solutions at branch level through collective labour agreements, the workers’ representatives on the other hand demanding that the solution of reinstatement in the post be retained and, at a minimum, that the maximum total compensation set by the law in cases of anti-union dismissal be fixed at 6 to 12 months’ wages; and (ii) the launching, in June 2019, of an external independent mediation process on the question of protection of trade unionists in the event of unfair dismissal.

The Committee notes the Government’s indication that the above-mentioned mediation was suspended on 15 December 2023, before finally being relaunched on 11 October 2024. The Government also indicates that it adopted, on 21 March 2025, in the framework of the set of agreements negotiated with the European Union, a series of measures aimed at ensuring that wages in Switzerland are protected; it adds that one of these measures, through an amendment to the Code of Obligations (CO), provides for reinforcing the protection against dismissal for the most exposed workers in enterprises employing at least 50 workers. The Committee notes that, as a result of this draft amendment to the CO, an employer wishing to dismiss a worker covered by these provisions is required to provide advance notice of dismissal, giving the reasons for the decision and, at the request of the worker, to discuss the matter with the worker; the parties must then endeavour to seek a solution in good faith that avoids dismissal, including by examining the possibility of the worker transferring to a comparable post (section 335m(1), (2) and (4)). The draft also provides for a more severe sanction if the worker’s dismissal is unfair, that is, compensation the maximum amount of which shall correspond to 10 months of the worker’s wages (section 336(a)(4)). The Committee observes that the above measures have been subject to public consultation, concluded on 31 October 2025, the results of which are currently being analysed by the Government, which will decide, on that basis, which amendments should be introduced.

The Committee welcomes the presentation of this draft, and in particular of the increase in the compensation ceiling that is provided for. It notes however that the only categories of workers covered by the above-mentioned provisions are: (i) staff representatives; (1) elected within the enterprise in accordance with the Federal Act on information and consultation of workers in an enterprise (the Participation Act); (2) elected for a specific issue; or (3) members of a joint body of a staff welfare institution; and (ii) the members of a national branch committee, the activities of which are covered by an extended collective agreement (section 335(l)(1)(a) and (b)). Understanding that the latter category covers only a specific group of workers with trade union responsibilities, the Committee notes that the draft does not directly cover the trade union representatives at the enterprise level and that it contains no measure to reinforce protection against dismissals arising directly from the trade union membership of the worker or the worker’s participation in trade union activities, such as the negotiation and conclusion of collective agreements which, under national law, are the sole responsibility of trade union organizations and their representatives. In this regard, the Committee notes the position stated by the USS which, although asserting that the draft represents significant progress, emphasizes that it does not cover all workers concerned, such as the union representatives at the enterprise level, and that it does not provide for reinstatement.

The Committee recalls that, in the current wording of the CO, while anti-union dismissals are the subject of a specific provision (section 336(2)(a)), the compensation payable in the event of such dismissal is regulated by section 336(a), which is also applicable to other types of unfair dismissal. The Committee recalls in this regard that, although the Convention does not require States to introduce the reinstatement of the worker in their legislation, reinstatement constitutes the most effective remedy for acts of anti-union discrimination and should at least be included among the range of measures that can be ordered by the judicial authorities in the event of anti-union discrimination; where a State opts for a system of compensation, it must fulfil certain conditions, in particular such compensation must: (i) be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal; (ii) be adapted in accordance with the size of the enterprises concerned (2012 General Survey on the fundamental Conventions, paras 182–185). While welcoming the above-mentioned draft, the Committee requests the Government to pursue its efforts, including by continuing to promote tripartite dialogue, to ensure full conformity with the Convention in law and practice as regards protection against anti-union dismissal, in accordance with the principles indicated above. In this regard, the Committee encourages the Government, within the framework of its analysis of the results of the public consultation, to take the necessary measures to ensure that the draft amendment to the CO covers all the workers protected by the Convention, in particular the trade union representatives at the enterprise level. The Committee requests the Government to report on any progress made in this regard.

Article 4. Promotion of collective bargaining. The Committee notes the statistical data available from the Federal Statistics Office on the collective agreements signed and the number of workers covered (as of 1 May 2025, 44 legally binding national collective agreements, covering 1,127,767 workers, and 41 extended cantonal collective agreements, covering 70,703 workers). The Committee requests the Government to continue providing up-to-date statistical information on the number of collective agreements by sector and the number of workers covered.