Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report, as well as the observations made by the Swiss Federation of Trade Unions (USS) and the Swiss Employers’ Federation transmitted with the Government’s report.

The Committee notes, in particular, the Government’s indication that there has been no change in the law or practice.

Article 3 of the Convention. 1. In its previous comments, the Committee had noted that the Ordinance on Confederation Personnel, which entered into force on 1 January 2002, prohibited the right to strike for persons exercising authority in the name of the State or providing essential services. It had asked the Government to indicate the compensatory guarantees provided for in the legislation for these categories of workers.

The Committee notes the Government’s statement that no compensatory guarantees are provided for the personnel of the federal administration who are deprived of the right to strike.

The Committee recalls in this regard that the right to strike must be considered as an activity of workers’ organizations within the meaning of Article 3 and that if this right is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 149 and 164).

The Committee therefore asks the Government to indicate, in its next report, the measures taken or envisaged to establish compensatory procedures for the personnel of the Federal administration - other than the members of the armed forces - who are deprived of the right to strike, in particular for the civil customs personnel.

2. As regards the prohibition of the right to strike for public officials of some cantons and the obstacles to the exercise of this right which are said to exist in some Swiss communes, the Committee notes that the results of the consultation with the cantons has been transmitted to a Commission of the National Council. It asks the Government to provide it with information on the results of these consultations so that it may examine the legislation and practice in this regard.

3. Noting that the USS refers in its comments to judicial procedures underway and to judgements concerning obstacles to trade union leaders’ access to the workplace, the Committee asks the Government to transmit its observations thereon.