Labour relation disputes
Civil courts organised by canton (often labour courts or employment tribunals
in the first instance) are responsible for ruling on disputes arising from
individual labour relations. In the case of industrial disputes of an amount in
litigation of up to CHF 30,000:
- a swift and simple procedure is applied;
- fees and costs may not be imposed on the parties (except in the case of wilful
proceedings);
- the court determines the facts by order of the authorities and weighs up the
evidence at its own discretion.
The jurisdiction of the court is that located at the domicile or seat of the
party against whom a complaint has been submitted or the employee’s usual
place of work. Furthermore, for employee complaints associated with personnel
placement and hiring, the competent court is that located at the domicile of the
placement or hiring company. In the case of temporarily placed employees, the
competent court is also that located at the company in which the person was
placed, insofar as the complaint concerns the time of placement.
Settlement of collective labour disputes
The public system for settling collective labour disputes is divided into two
parts, depending on which area the collective dispute covers. Each canton has a
dispute arbitration board whose work is confined to the area of that canton.
However, in the event of collective labour disputes extending beyond cantonal
borders, the federal arbitration board is then responsible.
The federal arbitration board gives priority to private arbitration efforts.
Federal arbitration only takes place upon the explicit request by the persons
concerned, and only in the event that all efforts by the parties (employers or
employers' association and trade unions) to reach an agreement by direct
negotiation were unsuccessful.
Federal arbitration is also ruled out when the
contracting parties have envisaged a contractual arbitration board or a court of
arbitration in their collective employment agreement.
The federal arbitration
board does not operate on a permanent basis. Instead, it is convened on a
case-to-case basis for specific proceedings. It can either be set up as an
actual conciliation or mediation board or, with the consent of both parties, as
an arbitration tribunal. In its capacity as an arbitration tribunal, it can
deliver a decision binding on all parties.
In contrast to the federal arbitration board, cantonal arbitration boards are
permanent and may also become active on their own initiative or upon the request
of an authority.
Strikes
The Federal Constitution specifically recognises the permissibility of
strikes and lockouts as an expression of free association, although strikes can
be forbidden by law for specific categories of people.
Strikes and lockouts are permissible:
- when they concern labour relations
- when there are no impeding obligations such as to maintain peaceful labour
relations or conduct arbitration proceedings
- and when they are proportionate to the circumstances.
Participation in a legal strike and the related temporary stoppage of work
may not simultaneously constitute a breach of the contractual duty to work.
In
contrast, the employer is not obliged to pay wages for the duration of the
stoppage.
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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