Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information provided by the Government in its report concerning the application of the Convention.

With reference to its previous comments on the need to amend the national legislation (section 23(1) of the Federal Act of 30 June 1927, prohibiting strike action by public servants), in order to ensure that public employees other than those exercising authority in the name of the State, and their organizations, have the right to strike as a means of defending their economic, social and occupational interests, the Committee notes that the Government again indicates in its report that the statement concerning the total revision of the Act of 1927 has not yet been adopted. It nevertheless adds that the draft text in respect of the employees of the Confederation was submitted for consultation on 6 May 1998, and that the consultation procedure should be concluded by 31 August 1998. This statement should be submitted to the Federal Council at the beginning of 1999. The draft text is expected to come into force on 1 January 2001.

The Committee notes with interest that section 34 of the draft text repeals the Act of 30 June 1927 respecting the conditions of service for public servants and that section 21 of the draft text provides that the Federal Council can only restrict or withdraw the right to strike if the security of the State, the safeguard of its interests governed by external relations or the guarantee of vital supplies or goods for the country so require.

The Committee is bound once again to express the firm hope that the revision of the Federal Act on the conditions of public service, taking into account the principles of freedom of association, and, in particular, no longer denying public servants other than those who exercise authority in the name of the State, the right to strike in order to defend their occupational interests, will be adopted in the very near future. The Committee again expresses the firm hope that in its next report the Government will be able to provide information on the measures taken in order to bring its legislation into conformity with the principles of freedom of association without undue delay.