Observación (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

Further to its previous observation, the Committee notes the information supplied by the Government in its report, and the discussion in the Conference Committee in 1988.

1. The Committee notes with interest the final report of the Working Group entitled "Equal Remuneration", established by the Federal Department of Justice and Police, which was published in October 1988. It notes that the Working Group, in preparing its report, has based itself on four studies. These studies concerned: (a) an econometrical analysis of wages paid to men and women in Switzerland, from which it appeared that the possible range of wage discrimination between men and women, after corrections based on the factors education, experience and health, amounts to 7 per cent for Swiss women and to 28.4 per cent for non-Swiss women; (b) an empirical study among eight enterprises to establish the extent to which analytical methods of job evaluation favour or exclude wage discrimination against women, and from which it emerged that analytical methods of job evaluation may contain discriminatory elements; (c) a study to shed light on the reasons why women infrequently institute legal proceedings to enforce their right to equal remuneration, and which found the most important obstacles to be insufficient protection against dismissal, the difficulties in obtaining evidence to prove wage discrimination, the fear of finding oneself isolated socially and professionally, and the lack of moral, legal and financial support; and (d) a comparative study on equal rights policies in the United States, Canada, Sweden, the Federal Republic of Germany, Great Britain and France, which led the Working Group to conclude that a policy focusing on only equality of remuneration would not be sufficient to achieve equality between men and women on the labour market.

The Committee notes with interest the 25 recommendations made by the Working Group, divided into the following four categories: (a) measures to facilitate enforcement of the right to equal remuneration by individual complaints through the courts; (b) measures aimed at improving the position of women in the labour market; (c) measures in other legal areas (such as social insurance and taxation); and (d) organisational measures.

In particular, the Working Group made the following recommendations:

(a) that cantonal conciliation offices be established for the extrajudicial settlement of equal wage claims;

(b) that the judicial procedure for the treatment of equal wage claims be improved;

(c) that the burden of proof be placed on the employer as soon as the plaintiff has made a plausible allegation of wage discrimination;

(d) open the possibility of legal representation in equal wage cases (at present excluded in certain cantons);

(e) that organisations be given the right to institute proceedings in equal wage cases;

(f) that plaintiffs in equal wage cases be protected against dismissal during the proceedings and for one year thereafter; and

(g) that the possibility be opened that courts award damages for moral injury.

Referring to its 1988 observation on the inclusion of equal remuneration provisions in collective agreements, the Committee notes in particular the Working Group's recommendation, addressed to the social partners, that in concluding collective agreements, due attention be paid to section 4(2) of the federal Constitution. It notes, in this connection, the Government's statement to the Conference Committee in 1988 that it could exercise only very limited influence over the contents of collective agreements, as this was primarily a matter of private law.

Further, the Committee notes in particular the Working Group's recommendation that the Federal Bureau on Equality between Men and Women draw up guide-lines for assessing work of equal value, and for evaluating jobs on an objective basis.

The Committee notes that the Federal Council will shortly decide which of the Working Group's recommendations will be the subject of follow-up action. The Committee requests the Government to include in its next report detailed information on the action taken in respect of the recommendations by the Working Group "Equal Remuneration", as well as on the further progress achieved in the practical application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes that by Order of 24 February 1988 the Federal Bureau on Equality between Women and Men was established; that the Bureau started functioning on 1 January 1989; and that the question of equality in the field of labour, including equality of remuneration, will be one of the main activities of the bureau. Similar bureaux have been set up, or are planned to be established, in certain cantons.

It requests the Government to continue to supply information on the activities of the federal and cantonal bureaux on equality between women and men with respect to the application of the principle of equal remuneration for work of equal value.