Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report. It notes in particular the entry into force on 3 July 2001 of the Ordinance respecting employees of the Confederation (Opers), and the ruling by the Federal Tribunal of 28 June 1999 on the exercise of the right to strike.

Article 3 of the Convention. 1. Right to strike and recourse to compulsory arbitration. In its previous comments, the Committee requested the Government to explain whether recourse to arbitration on the issue of compensation for cost-of-living increases, in the context of the collective agreements covering the federal railways and the Swiss post, was compulsory for the parties or whether the latter could decline recourse to the arbitration tribunal on this matter and, as a consequence, have recourse to strike action. The Committee notes the information contained in the Government’s report to the effect that it considers that recourse to an arbitration tribunal by the parties to the collective agreement is not of a compulsory nature, but rather a possibility offered to each party. Furthermore, the Government mentions that respect for absolute labour peace is envisaged by the collective agreement and that, if the latter is violated or placed under threat, for example by strike action, the parties undertake to enter into negotiations and, if they do not reach agreement, recourse to conciliation and arbitration procedures then becomes compulsory.

2. Furthermore, the Committee notes that the Ordinance respecting employees of the Confederation, which prohibits the right to strike for persons in positions of authority or providing essential services was approved on 3 July 2001 by the Federal Council and entered into force on 1 January 2002. In this respect, the Committee recalls that workers who are thus deprived of an essential means of defending their occupational interests should be afforded compensatory guarantees, for example appropriate, impartial and rapid conciliation and arbitration procedures, in all stages of which those concerned should be able to participate, and that the awards should be binding on both parties and once issued should be implemented rapidly and completely (see the General Survey on freedom of association and collective bargaining, paragraph 164). The Committee requests the Government to indicate in its next report the compensatory guarantees envisaged in the legislation for these categories of workers.

3. Finally, the Committee notes the comments made by the Swiss Federation of Trade Unions (USS) concerning the absolute prohibition of the right to strike for public officials in seven cantons and the obstacles to this right which exist in many Swiss communes. In this respect, the Committee notes the Government’s reply that article 28 of the Federal Constitution recognizes the lawful nature of strikes under certain conditions and it is the responsibility in the first place of the cantons and communes to bring their laws and regulations into conformity with this constitutional requirement. The Government explains that public institutions are sovereign with regard to regulations respecting the right to strike, and that it is not therefore for the Confederation to enumerate the cantons and communes which prohibit the right to strike of their employees in light of the above constitutional provision. While noting this information, the Committee wishes to recall that, both at the level of the cantons and of communes, the prohibition on the right to strike in the public service should be limited to public officials exercising authority in the name of the State. The Committee also requests the Government to keep it informed of the outcome of the consultations that it intends to hold with the cantons in the context of the parliamentary initiative for the ratification of the European Social Charter.