Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report on the application of the Convention.

1. The ban on strikes by public employees. 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, banning strikes 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 that the Government again indicates in its report that the Declaration concerning the total revision of the 1927 Act has not yet been adopted. It none the less adds that a parliamentary committee has conducted a detailed analysis of the question of the right to strike in Switzerland, which was published in its report of 17 November 1995 concerning the parliamentary initiative on the ratification of the European Social Charter. The report refers to a ruling of 23 March 1995 by the Supreme Court on the right to strike in the public service, which expressly confirms the theory that the effect of a strike is the suspension rather than the outright termination of a contract. Lastly, the Government indicates that article 22 of the draft reform of the Federal Constitution is in keeping with this theory in that it recognizes the right to strike and to lockout, and authorizes the law-makers to "establish the procedures for them" and "ban strikes by certain categories of public employees".

The Committee can only express once again the firm hope that the total revision of the Federal Act on the conditions of service of the public service will take account of the principles of freedom of association and, in particular, that it will not deny public servants other than those who exercise authority in the name of the State the right to strike in order to defend their occupational interests if they so wish (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 158). The Committee again expresses the firm hope that the Government's next report will indicate any measures taken to bring its legislation into line with the principles of freedom of association.

2. Penalties imposed on railwaymen for striking in 1989. The Committee notes with interest that the penalties imposed on railwaymen in September 1989 following a demonstration of their discontent which was treated as a strike, have been quashed without further ado.