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Human Resources Development Convention, 1975 (No. 142) - Switzerland (Ratification: 1977)

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

Article 2 of the Convention. Vocational guidance and training. In its previous comments, the Committee invited the Government to provide information on the results achieved through the measures adopted with a view to promoting youth employment. The Government indicates that, in collaboration with the vocational training services, special measures have been taken to respond to the needs of unemployed young persons. Consequently, some cantons, such as Geneva and Lucerne, have support centres specifically intended for young persons; and assistance programmes for the labour market integration of young persons have been initiated with the financial support of private enterprises. The Committee notes that the unemployment rate among young persons aged from 15 to 24 years in Switzerland is falling. It also notes that, for ten years, the Government has been conducting a vast study of youth unemployment trends and the various aspects of this issue. The Government indicates that the dual training system (institutional training supplemented by practical apprenticeships) has become less attractive to young persons (aged 15 to 19 years) and that, despite the large number of vacant apprenticeship posts, some unemployed young persons do not have the profile or the level of training required by the enterprises to take them up. The Committee notes that, in September 2017, there were 11,000 vacant apprenticeships, while some 5,000 young persons of the right age to begin an apprenticeship (15 to 19 years of age) were registered as unemployed. The Committee also notes that this is not a recent phenomenon and that the number of apprenticeships remaining vacant has doubled in recent years. In this regard, the Government indicates that individual support measures have been implemented at the cantonal level and a budget of 35 million Swiss francs (CHF) has been allocated for the implementation of measures designed to promote the labour market integration of unemployed young persons. The Committee notes that, in conformity with article 48 of the Federal Constitution, an intercantonal agreement to harmonize the legislation of the 26 cantons in the area of study grants (the study grants agreement) came into force on 1 March 2013 and has already been ratified by 19 cantons. It also notes that the Government is continuing to hold consultations with the social partners through various tripartite committees, particularly the Supervisory Committee for Unemployment Insurance Compensation Funds and the Tripartite Committee of the Confederation. The Committee requests the Government to continue providing detailed information, including updated statistics, disaggregated by age, sex and canton, on the impact of the measures taken to respond to the employment needs of young persons. The Committee also requests the Government to provide information on the coordination of vocational education and training policies with employment policies, and particularly on the manner in which the qualifications offered are coordinated with the knowledge and skills required by and the changing needs of the labour market.

Article 3. Vocational guidance. The Government indicates that the Swiss Centre for Vocational, University and Career Guidance and Training Services (CSFO) operates under the auspices of the State Secretariat for Training, Research and Innovation (SEFRI) for the provision of specific services of public interest and carry out development projects for vocational training and quality assurance within the meaning of sections 54 and 55 of the Federal Act on Vocational Training (LFPr, RS 412.10). The Government adds that the “Formationprofessionnelleplus.ch” (vocational training plus) website is a joint initiative of the Confederation, the cantons and labour organizations, implemented under the auspices of the Federal Office for Vocational Training and Technology (OFFT) in order to promote vocational training in Switzerland. The initiative undertakes action to showcase the advantages of vocational training and organizes information and awareness-raising campaigns. The Committee notes that the higher vocational training system has undergone significant developments and has had to face several challenges. It also notes that the State Secretariat for Training, Research and Innovation has adopted several measures with a view to strengthening higher vocational training and improving its recognition at the national and international levels. The Committee invites the Government to continue providing information on the activities carried out to formulate comprehensive and coordinated vocational guidance and training policies and programmes, particularly indicating the manner in which effective coordination is ensured between the vocational training system and the needs of the labour market.

Article 4. Lifelong vocational education and training. The Committee notes with interest the entry into force in January 2017 of the Act on continuous training (LFCo, RS 419.1), which offers a genuine legal basis for the financial support of organizations at the national level in the area of continuous training (section 12) and the promotion of the acquisition and updating of basic skills by adults (section 13). The Committee also notes that, for the period 2017–20, the Swiss Parliament has earmarked CHF25.7 million for continuous training, amounting to CHF6.4 million per year. The Government indicates that the implementation of the initiative to combat the shortage of skilled personnel and promote the optimal integration of unemployed persons comprised two successive phases. The first phase (2011–15) focused on the implementation of measures, and the second phase on continuing and evaluating the implementation of the agreed objectives. The Committee notes that, at the macroeconomic level, the utilization of the labour force present on the Swiss market has improved. Indeed, between 2010 and 2017, over 132,000 workers, including women and older workers, entered the labour market. Furthermore, the framework conditions facilitating the balance between work and family life have been improved and the number of childcare places outside the family has doubled, providing 57,400 extra places. The Committee also notes that, within the framework of the development of education and training programmes that respond to the needs of the labour market, an increase in the number of qualifications obtained has been recorded at the national level, particularly in the health field. The Committee requests the Government to provide detailed and updated information on the impact of the continuous training measures taken to facilitate the acquisition and updating of basic skills by socially vulnerable jobseekers, particularly persons with disabilities. The Committee also requests the Government to provide information on the manner in which coordination is ensured between the initiatives to combat the shortage of skilled personnel and the changing needs of the labour market.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 4 and 5 of the Convention. Vocational training programmes. Collaboration with the social partners. The Committee notes the Government’s report for the period ending in May 2013 and the observations made by the Swiss Federation of Trade Unions (USS/SGB), received in October 2013. In reply to the 2009 observation, the Government indicates that the Federal Department of the Economy, Training and Research (DEFR) launched the consultation procedure in November 2011 concerning the preliminary draft federal Bill on further training. The supporting message for the Bill was approved by the Federal Council in May 2013 and forwarded to Parliament. The Committee also notes the measures adopted in the framework of the initiative launched by the DEFR in 2011 to combat the shortage of skilled personnel. The Government specifies that, at the round-table meeting held on 21 May 2013, the federal and cantonal representatives and the social partners expressed support for the strategy. Each partner proposed measures to combat the shortage of skilled labour and four fields of action have been identified: raising the skills level to respond to enterprise needs; encouraging innovation with a view to increasing productivity and thereby attenuating the shortage of skilled personnel; creating good working conditions for older workers; and improving the reconciliation of work life and family life. The USS/SGB reports a decrease in contributions by the federal Government to the financing of training grants. In 1990, this contribution covered secondary II education (education after the completion of compulsory schooling), as well as higher education and vocational training, and accounted for 40 per cent of the investment, while in 2011 the contribution only covered higher education and vocational training and only accounted for 8 per cent. The USS/SGB also points to a lack of coherence between cantons and an approach based on place of residence, which results in an unacceptable unequal treatment of those receiving grants. The Committee invites the Government to provide information on the results achieved by the measures adopted with a view to promoting youth employment, including the numbers receiving education grants and of low-skilled young persons and those without qualifications. Please also continue to report on the consultations held with the social partners, with a view to ensuring their collaboration in the formulation and implementation of human resources development programmes and measures.

Article 3. Vocational training. The Committee notes that, in accordance with the Federal Act on vocational training, the cantons are responsible for providing vocational, university and career guidance and that, in order to do so, each canton administers guidance services. These services provide guidance to users, help them to take decisions concerning the choice of an occupation, and provide information, documentation and expertise. The Government adds that the Confederation does not centralize information on the measures taken by the cantons to ensure the provision of information and guidance to all the persons concerned. Nevertheless, it refers to several websites, including that of the Swiss Media Institute for Education and Culture. The Committee invites the Government to continue providing information on the measures taken with a view to ensuring to all persons concerned comprehensive information and the broadest possible guidance on systems of vocational guidance and continuing employment information.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 4 and 5 of the Convention. Vocational training programmes. Cooperation with the social partners. The Committee notes the Government’s report received in September 2009 containing replies to the 2008 direct request, as well as to the comments made by the Swiss Federation of Trade Unions (USS/SGB). In its communication transmitted in September 2008, the USS/SGB referred to the establishment in five cantons of vocational training funds as being an effective tool to promote the creation of training opportunities. The USS/SGB expressed its concern over the federal authorities’ lack of support for the creation of other such funds at cantonal level. The Government indicates in its reply that it opposed the initiative for the establishment of a federal vocational training fund, because the fund-raising as well as the allocation of funds were not demand-driven. The Government recalls that pursuant to section 60 of the Federal Law on Vocational Training, professional organizations may establish sector-specific funds.

As concerns the difficulties encountered by students coming out of compulsory education in entering the vocational training system, which were pointed out in the USS/SGB’s comments, the Government indicates that many students do not begin basic vocational training because they still need to fill gaps in their theoretical knowledge, whereas others prefer waiting for apprenticeship opportunities to become available in the field of their choice. In these cases, cantons ensure that students find an appropriate temporary solution. As concerns the measures taken to facilitate the transition from school to the labour market, the Committee notes that the federal and cantonal authorities together with the professional organizations have further developed support tools for low-performance students, namely coaching and mentoring projects, the use of apprenticeship promoters at cantonal level to encourage companies to provide apprenticeship opportunities, as well as measures to help vulnerable young persons find an apprenticeship (case management vocational education).

Finally, the USS/SGB emphasized the need to implement the right to continuous training, as provided under section 64a of the Federal Constitution, to cope with the increasing training needs and to provide greater access to vulnerable categories of workers, such as low-skilled and migrant workers. In this respect, the Government recalls that measures for the implementation of the constitutional provision are presently under discussion. The Committee invites the Government to include in its next report further information on the consultations held with social partners in order to obtain their cooperation in the formulation and implementation of human resources development policies and programmes, with specific reference to the measures envisaged to implement section 64a of the Federal Constitution on continuous training.

Article 3. Vocational guidance. In reply to previous comments, the Government reiterates that under the Federal Law on vocational training, the cantons provide well-developed vocational guidance and career orientation services, including an online service. The Committee reiterates its interest in receiving information on the measures taken by cantons to ensure that information and guidance in accordance with the terms of the Convention are made available to all persons concerned.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. Articles 4 and 5 of the Convention. Vocational training programmes. Cooperation with the social partners. The Committee notes the report received in August 2008 containing information responding to the direct request of 2005. The Government recalled that, under section 1 of the Federal Act on Vocational Training (LFPr) which came into force in January 2004, organizations in the world of work are invited to participate in the process of formulating and implementing vocational guidance policies and programmes. The Committee also notes with interest the measures taken in the context of the “Modell F” label to enable training institutes to offer training courses with a degree of flexibility. It also notes the support measures for young people who are seeking entry into the labour market. The Committee requests the Government to continue to supply information on the consultations held with representatives of the professional organizations in order to obtain their cooperation in the formulation and implementation of human resources development programmes and measures. It asks the Government to include detailed information on the results achieved by the measures taken to promote youth employment, particularly those with few or no qualifications.

2. Article 3. Vocational guidance. The Committee recalls, as it did in its direct request of 2005, that the Convention provides for the gradual extension of systems of vocational guidance, including continuing employment information, “with a view to ensuring that comprehensive information and the broadest possible guidance are available to all children, young persons and adults” (Article 3, paragraph 1, of the Convention). The Committee requests the Government once again to indicate the measures taken to ensure that such information and guidance are made available to all persons concerned and relate to the areas covered by Article 3, paragraphs 2 and 3, of the Convention.

3. Furthermore, the Committee invites the Government to include, in its next report, its own observations on the points raised by the Swiss Federation of Trade Unions in the communication transmitted in September 2008.

[The Government is requested to reply in detail to the present comment in 2009.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the report provided by the Government in reply to its observation, as well as the remarks made by the Swiss Federation of Trade Unions (USS) concerning this report. Furthermore, it has noted the provisions of the Federal Law on vocational training of 13 December 2002 that entered into force in January 2004. It invites the Government to continue to provide detailed information on the policies adopted and the measures taken with regard to the following aspects of the application of the Convention.

1. Vocational guidance. The Committee notes that the USS emphasizes that, under the terms of the new Law on vocational training, vocational guidance is the competence of the cantons and that the Conference of Cantonal Directors of Public Education considers that it is only the initial contact which is covered by public services, whereas more in-depth advice must be paid for. The trade union organization sees this as a step backwards with regard to equal opportunities. In this regard, the Committee recalls that the Convention provides for the gradual extension of systems of vocational guidance, including continuing employment information "with a view to ensuring that comprehensive information and the broadest possible guidance are available to all children, young persons and adults" (Article 3, paragraph 1, of the Convention). It asks the Government to indicate the measures taken to ensure that this information and guidance is provided to all concerned and that it covers the fields mentioned in Article 3, paragraphs 2 and 3, of the Convention.

2. Initial and further vocational training. The Committee notes that, according to the Government, there is unequal distribution of further training calls for demand-focused action, the practical details of which are currently being examined. The Committee also notes that, according to the USS, initial vocational training measures for youth remain inadequate, as demonstrated by the fact that unemployment amongst young people is higher than the average unemployment figure. Please indicate any new measures adopted or envisaged to meet the needs for vocational training throughout the life of both young persons and adults at all levels of skill (Article 4).

3. Cooperation with employers’ and workers’ organizations. The Committee notes that, according to the USS, the social partners are not sufficiently associated in the process of defining the aims of the training and the measures to be taken. It asks the Government to indicate the way in which employers’ and workers’ organizations cooperate in the formulation and implementation of policies and programmes of vocational guidance and vocational training, specifying whether a consultative procedure or mechanism has been established to that end (Article 5).

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the Government’s report for the period 1998-2003, which essentially includes the response of the Federal Council, of 9 April 2003, to a question from a parliamentarian, on 20 March 1996, with a view to the introduction of a right to further training for workers in Switzerland. The Swiss Federation of Trade Unions (USS), in its opinion on the Government’s report concerning the application of Convention No. 142, observes that it is the view of the Government that it is not necessary to introduce a right to further training in federal legislation, considering that further training is a matter for individuals and not the community. The Committee notes that, according to the statistics contained in the response of the Federal Council relating to further training in labour law, training continued to stagnate during the 1990s. According to the Federal Statistical Office, four criteria are characteristic of persons who undertake most further training for professional purposes: they are persons with a high level of training; they are active persons in employment; they are of Swiss German origin; and are men rather than women. Moreover, it is principally persons who already have good training and high skills levels who benefit the most from further training. This selective policy by enterprises appears to have particularly negative effects on women workers, who are over-represented in the lowest occupational categories. The Committee also notes that collective labour agreements, whether or not they have been extended, cover only 50 per cent of employees in Switzerland and that a significant proportion of workers are probably not covered by any applicable legal arrangements relating to their right to further training and the arrangements for exercising that right, as these arrangements may be determined in individual employment contracts.

2. The Committee recalls that Article 1 of the Convention requires the adoption and development of "comprehensive and coordinated policies and programmes of vocational guidance and vocational training, closely linked with employment, in particular through public employment services". The Committee also notes the Government’s statement that it is aware of the importance of further training in the implementation of a "lifelong learning" strategy, as well as the problems related to inequality of access to further training for vocational purposes. The Committee therefore requests the Government to indicate the manner in which it develops comprehensive and coordinated policies and programmes of vocational guidance and vocational training: the manner in which effective dialogue is ensured in this context; and the manner in which these programmes are linked with employment and public employment services (Article 1, paragraphs 1 to 4). It also requests the Government to indicate the manner in which it is ensured that employers’ and workers’ organizations cooperate in the formulation and implementation of policies and programmes of vocational guidance and vocational training (Article 5).

3. In particular, the Committee would be grateful if the Government would indicate the manner in which these policies and programmes encourage and enable all persons, on an equal basis and without any discrimination whatsoever, to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations (account being taken of the needs of society) (Article 1, paragraph 5).

4. Finally, the Committee hopes that the Government will indicate the measures adopted to extend vocational training systems to cover areas of economic activity which are not yet covered and with a view to ensuring that such systems remain adapted to the needs of individuals throughout their lives (Article 4).

[The Government is asked to reply in detail to the present comments in 2004.]