Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Articles 1 and 2 of the Convention. Public contracts. The Committee notes that with regard to the monitoring of the application of the 1994 Public Contracts Act, a free computer program has been made available to enterprises so that they can monitor equality of remuneration between men and women. The Committee notes that should the use of this program reveal wage discrimination, the Federal Bureau on Equality may provide its expertise to help the enterprise in question eliminate any discriminatory treatment. The Committee also notes that the Confederation intends to carry out checks to verify the application of the principle of equal remuneration in public procurement. In the event of a violation of the principle of equal remuneration, objectives will be agreed with the enterprise concerned with a view to reducing discrimination; if the set objectives are not met, the Confederation may impose the penalties provided for in the Act. The Committee also notes that, with regard to the revision of the Public Contracts Act, there are plans to regulate the equality monitoring procedure more strictly. The Committee hopes that the Government will continue its efforts to promote mechanisms which allow enterprises to monitor the application of the principle of equal remuneration and that it will adopt dissuasive penalties in cases where this principle is violated. The Committee asks the Government to provide information on the impact that these two monitoring systems – the system under the initiative of enterprises and that under the initiative of the Confederation – have on the reduction of wage differences. The Committee also asks the Government to provide information on the revision of the Public Contracts Act and on how this revision will improve the application of the provisions of the Convention.

2. Enforcement of the Equality Act. The Government states that, following the evaluation of the Equality Act, this Act has, on the whole, improved the situation of persons affected by discrimination, but that there are still some obstacles to achieving equal remuneration for men and women. The Committee notes from the 2004 survey on wage structure that 40 per cent of wage differences cannot be explained by objective factors and must be considered as discrimination. The Committee notes that, according to the Government’s report, the main obstacles to the reduction of inequalities in remuneration are related to the infrequent use of the Act in practice and the victims’ fear of using it, which prevents them from defending themselves. The Committee notes that the Federal Council has decided to take measures to promote the implementation of the Act. It notes that these measures place emphasis on providing information and raising awareness in respect of the provisions of the Equality Act, promoting training for professionals on the subject of equality, and improving victims’ opportunities to assert their rights under the Act (conciliation offices and judicial appeals). The Government also states that the fact that achieving equality depends on the initiative of discrimination victims is no longer a satisfactory situation. The Committee notes that the Swiss Federation of Trade Unions has sent, through the Secretariat of State for the Economy, a report on the Convention, in which it calls for steps to be taken by both the employers and the authorities to ensure that equal remuneration becomes a reality. The Committee notes that the Swiss Federation of Trade Unions believes that the Act must be reformed so as not to place the sole responsibility for the fight for effective equality on the shoulders of the persons concerned. The Committee also notes, however, that the Government does not consider a revision of the Act to be necessary and that it is examining the possibility of introducing measures to encourage enterprises to respect equality of remuneration and the relevant role of authorities with competence in the areas of investigation and intervention. The Committee encourages the Government to examine, in collaboration with the social partners, new measures to strengthen the role of employers and authorities in the elimination of discrimination and to keep it informed in this regard. The Committee asks the Government to provide information on the impact that the measures taken by the Federal Council have had on the reduction of wage differences between men and women. The Committee asks the Government to continue providing information on the number, nature and outcome of equal remuneration cases dealt with by the competent authorities in the application of equal pay legislation. The Committee also asks the Government to keep it informed of the adoption of any new measures aimed at promoting equal remuneration for men and women.

3. Article 3. Objective appraisal of jobs. The Committee notes that the “Equal salary” project carried out by the Swiss Federation of Trade Unions aims to develop a certification procedure for enterprises practicing equal remuneration. Within the framework of this project, a method allowing for the objective appraisal of the impact of various factors on wages will make it possible to check whether enterprises apply the principle of equal remuneration. The Committee asks the Government to provide information on the use of this remuneration appraisal system by enterprises and on its impact on the adjustment of the wages of men and women. The Committee asks the Government to continue providing information on the steps taken to promote recourse to objective job evaluation methods and on the measures taken by the social partners in this regard.

4. Part V of the report form. Differentials in the earnings of men and women. In its previous comments, the Committee drew the Government’s attention to the increase in the wage gap between men and women in federal public employment. The Committee notes that this gap has decreased and now stands at 9.6 per cent. The Committee also notes that wage differences in the private and public sector at the cantonal level have narrowed slightly in relation to 2002. The Committee notes that 40 per cent of enterprises employing ten people or more have given out additional payments to their employees and that these additional payments have had an impact on the application of the principle of equal remuneration. In the light of this information, the Committee invites the Government to provide statistics on these additional payments, disaggregated by sex, and information on the studies carried out to examine their impact on equal remuneration for men and women. The Committee also asks the Government to continue providing detailed statistics on the wages of men and women in the private and public sectors.