Working in Switzerland - Work disputes - Strikes
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| Work disputes - Strikes
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The cantonal civil courts (usually the labour courts) have jurisdiction in
disputes arising from individual contracts of employment. Collective labour
disputes are settled differently in each canton. All cantons have conciliation
offices that deal with such disputes. The Federal Conciliation Office has
jurisdiction in disputes extending beyond the territory of a single canton, but
acts only if explicitly requested to do so by the parties (employers or
employers’ associations and trade unions) and only if attempts to reach
agreement by direct negotiation have failed.
The lawfulness of strikes and lockouts is inscribed in the Federal Constitution
as an expression of free association, although strikes can be prohibited under
the Constitution for specific categories of persons. Strikes and lockouts are
lawful only if they concern employment contracts, do not conflict with the
requirement to maintain peaceful labour relations or to negotiate a settlement,
and conform to the principle of proportionality. Participation in a legal strike
and the consequent stoppage of work do not constitute non-observance of the
contractual obligation to work. On the other hand, employers are not required to
pay strikers for the duration of a stoppage.
Text last edited on: 06/2009
Source: European Union
© European Communities, 1995-2009
Reproduction is authorised.
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