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

The Committee notes the information in the Government's report and the attached documentation.

1. The Government reports the following measures taken by the Federal Bureau on Equality between Men and Women to promote the application of the 1995 Federal Act on Equality between Men and Women, as it relates to equal remuneration: the holding of a seminar for judges in 1996 on the above Act, the holding of tripartite seminars in 1996 and 1997 on "Equality of Wages in Practice" which aimed at presenting the recently developed instruments for job evaluation (described more fully in point 3 of the Observation) and the role of job evaluation in implementing equality-related legislation; publication of the information booklet on "Equality in Professional Life" which explains the essential elements of the Federal Act on Equality and gives practical examples of its application, and publication of the brochure "My Salary under the Microscope" which provides women with practical guidelines on how to assess whether or not discrimination exists with regard to their salary. The Committee requests the Government to continue to provide information on the measures taken to promote the application of the Federal Act on Equality and, in particular, on promotional programmes and consultative services on equal remuneration between men and women for work of equal value.

2. As for court decisions on the 1995 Federal Act on Equality, the Committee notes the information in the Government's report on the appeal made to the Federal Tribunal by the female home economics teachers in Fribourg, seeking equal wages with their male colleagues, and requests the Government to continue to keep it informed on developments in the case and to supply a copy of the text of the decision, once it is issued by the Tribunal. The Committee further asks the Government to keep it informed of any court decisions relating to cases brought by trade unions and women's organizations under section 7 of the Act and cases brought directly by the persons concerned with or without assistance from these organizations.

3. The Committee notes with interest that the Federal Administration is currently taking part in a pilot project to evaluate the qualitative value of family and household activities that can be translated into professional work experience, and that certain administrative departments and enterprises have issued directives requiring these activities to be taken into account when recruiting and promoting personnel. It requests the Government to provide information on the findings and recommendations made in the pilot project which, according to the Government, will be presented in the course of 1999.

4. With reference to the Committee's comments on the Federal Bureau's role in wage negotiations and cases of wage discrimination, the Committee notes the Government's statement that the Federal Bureau on Equality has primarily an advisory role vis-à-vis private persons and various organizations which, together with the administration, regularly approach the Bureau on equality-related questions. The Committee would be grateful if the Government would provide information on the impact of the Federal Bureau's advisory role as regards the practical application of the principle of equal remuneration between men and women for work of equal value.

5. The Committee notes with interest from the observations of the UN Human Rights Committee in 1997 (CCPR/C/SR.1537 of 16 January 1997) the adoption of the Public Markets Act, which stipulates that contracts can be awarded only to bidders who guarantee their male and female employees equal pay for services provided, and requests the Government to supply a copy of the Public Markets Act and to provide information on its practical application.

6. Further to its previous comments concerning cantonal bureaus for equality between men and women, the Committee notes with interest the establishment of a new cantonal bureau on equality in the canton of Grisons in 1996. It also notes that decisions relating to the establishment, functioning, suppression and funding of cantonal bureaus for equality between men and women come under the competence of the cantons concerned, and requests the Government to indicate, in its next report, the measures taken or envisaged by the Federal Bureau on Equality to promote and ensure the application of the Act on equality, particularly as regards equal remuneration between men and women workers for work of equal value, in those cantons in which cantonal bureaus on equality are non-existent. Please also provide information on any activities carried out by the cantonal bureaus to promote the application of the Convention.

7. The Committee notes that the Federal Statistics Office, together with the Federal Bureau on Equality, have commissioned a special study on equal remuneration, due in 1998, which will be based on the surveys of 1994 and 1996 on Swiss wage structures. The Committee requests the Government to supply a copy of the final report as well as its publication by the Federal Statistics Office, due in 1999, and to continue to keep it informed of the results of the periodic survey on trends in wage differentials between the sexes.