Capital: Bern

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is subject to numerous restrictions.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bern

reported violations- 2011
Trade union rights in law
Basic trade union rights are secured in law, but are not without limitations. The Federal Constitution explicitly recognises the right of workers to form and join unions. Although union representatives enjoy a certain degree of protection against dismissal, the Federal Court has confirmed that employers have considerable leeway due to the notion of redundancies “for economic reasons”, and reinstatement is not possible. However, a law drafted in 2010 would increase the penalty for unfair dismissal and improve protection of elected workers’ representatives against layoffs.
The right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is limited, as all strikes must be connected to industrial relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
to be legal. The government can limit or prohibit strikes if they affect state security, external relations or the provision of vital goods and services, however there are no compensatory dispute resolution mechanisms for the workers affected. Furthermore, if a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is declared illegal, workers can be summarily dismissed and liable to pay compensation, as well as damages. Penal sanctions may also be applied. Finally, the semi-canton of Nidwald and the canton of Fribourg have introduced laws that ban strikes for the cantons’ staff.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Swiss legislation does not permit the dismissal of union representatives unless the employer can prove that the dismissal was justified. Nevertheless, in 2007 the Federal Court (judgement ATF 133 III 512) confirmed that employers have considerable leeway due to the notion of redundancies "for economic reasons", even where trade union representatives are affected. The law does not provide for the reinstatement of the people dismissed for their trade union activities, and the courts can only award the victim compensation of up to six months’ wages. The ILO has asked the Swiss Federal Council to take measures to ensure that the victims of anti-union dismissals are at least afforded the same level of protection as those people dismissed in breach of gender equality principles, including the possibility of reinstatement within the offending company.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
Article 357a of the Federal Code stipulates the requirement to preserve social peace in relation to all matters covered by a collective bargaining agreement (CBA). Almost two thirds of CBAs in Switzerland contain a clause whereby trade unions undertake to abstain from any strike action while the CBA is in force.
Restrictions
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- For a strike to be legal, it must be connected to industrial relations.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- If a strike is declared illegal, a participating worker may be summarily dismissed and liable to pay compensation amounting to one quarter of his/her monthly salary, as well as any damages incurred. Penal sanctions may also be applied. Trade unions can also be sued.
Limitations or ban on strikes in certain sectors:
- >Absence of compensatory guarantees for categories of workers deprived of the right to strike
- The Government can limit or prohibit strikes if they affect state security, external relations or the provision of vital goods and services. However, there are no compensatory mechanisms, such as conciliation and arbitration procedures, for resolving industrial disputes in such situations.
- >Other limitations (e.g. in EPZs)
- The semi-canton of Nidwald and the canton of Fribourg have introduced laws banning strikes for the cantons’ staff. Certain communes in Fribourg have referred to these canton-level provisions in their own regulations.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bern

reported violations - 2011
In practice
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bern

reported violations - 2011
Violations
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike at Swissport in Geneva, the police intervened to prevent strikers from entering the airport buildings.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bern
