Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Switzerland (Ratification: 1949)

Other comments on C081

Observation

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2011

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Article 3(1)(a) and (b) of the Convention. Labour inspection activities in the area of working-time requirements. The Committee previously noted the comments made by the Swiss Federation of Trade Unions (USS/SGB) concerning the inadequacy of inspections with regard to the legislation on working time, and that the significantly increased overtime hours and stress had led to psychosocial risks and psychological illnesses (such as depression and burnout). The Committee notes the Government’s indication, in response to its previous request, that the labour inspectorate has prioritized the prevention of psychosocial risks (including long working hours as one of the causes) from 2014 to 2018. It adds that in view of the awareness-raising activities undertaken, the cantonal supervisory bodies have increasingly integrated this issue into their inspection visits, thereby raising the awareness of employers. The Committee requests the Government to continue to provide information on the activities of the labour inspection services in the area of working time.

Article 3(2). Additional functions of labour inspectors. Functions entrusted to labour inspectors related to migration. The Committee previously noted that, pursuant to the Act on undeclared work (LTN), the cantonal supervisory bodies responsible for the enforcement of the LTN verify whether employers and workers are complying with their notification and permit requirements in accordance with the legislation on foreign nationals, and collaborate, inter alia, with the labour inspectorate and the police. It further noted that in certain cantons, no separate cantonal supervisory bodies had been set up to supervise the LTN, but that the cantonal labour inspectorates had been entrusted with the implementation of the LTN. The Committee notes that the Government provides detailed information on the functioning and activities in the area of undeclared work, but that it has not provided the requested information in response to the Committee’s previous request, concerning disaggregated statistical information in the cantons, where the implementation of the LTN has been entrusted to the labour inspection services. The Committee recalls in this respect that, pursuant to the LTN, the bodies entrusted with enforcing the Law control residence permits and may be assisted by the police for this purpose (section 7(1)(e) and (2)), collaborate with the labour inspectorate, the immigration police and border guards (section 11(1)) and communicate the result of their controls to the authorities concerned (including the competent bodies in the area of asylum and rights of foreigners) (section 12). The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with their main objective to ensure the protection of workers in accordance with labour inspectors’ primary duties in accordance with Article 3(2) of the Convention. The Committee requests the Government to provide information on the measures taken in this regard for the cantons where the labour inspectorate is entrusted with the application of the LTN.

Rights of foreign workers from their past work relationship. The Committee notes that section 14 of the LTN provides that, where workers face expulsion from the country, the authorities are required to provide information to foreign workers on their possibility to assert their rights against their employers, and that they may entrust the enforcement for this purpose to a representative. The Committee notes that section 15 of the LTN provides that trade unions may represent foreign workers where they have left the country. The Committee requests the Government to provide information on the number and nature of cases where the rights of foreign workers (including the payment of wages and other benefits resulting from their employment relationship) who are liable to expulsion or have already been expelled, have been enforced.

Article 17 and 18. Appropriate sanctions. The Committee notes the information provided by the Government in response to the Committee’s previous request concerning the penalties under the Act on posted workers (LDét 823.20).