Trades unions
Most of the trades unions in Switzerland are members of one of two umbrella
organisations, the Swiss Trade Union Federation and Travail.Suisse.
For
information on these umbrella organisations, and in particular on their
individual member unions, you should consult their websites:
One of the most important responsibilities of the unions is their role as a
contractual party in collective employment agreements.
Their other duties
include playing an active part in basic and advanced vocational training and
offering their members legal advice in connection with employment matters.
The Federal Constitution guarantees the freedom to belong to an employee's
or employers' organisation, which in particular includes the right to join a
trade union, to decline to join a trade union or to leave a trade union. It is
unlawful for an employer to dismiss an employee because he or she is (or is not)
a member of a trade union or lawfully carries out trade union activities.
Although an unlawful dismissal of this type is valid, the employee dismissed
will be entitled to damages amounting to a maximum of six months' salary.
Employee representation in the workplace
In businesses with at least 50 employees, the employees may opt to be
represented by one or more employee organisations. The task of these
organisations is to exercise the statutory rights of participation of their
members. In businesses where the employees are not represented, the employees
have the right to participate directly. Participation and employee
representation are for the most part governed by the Employee Participation Act.
Rights of participation include firstly a comprehensive right to information.
Thus the employee representation has the right to be informed in advance and in
full of any matters that must be known in order to fulfil their duties properly.
It must also be informed at least once a year of the repercussions of business
operations on employment and employees.
Special rights of participation exist in the area of employee protection and
job security when there is a change of ownership of businesses and when there
are collective redundancies.
Employers support employee representatives in their work and have a duty to
provide them with as many rooms, and as much assistance and administrative help
as they need. Employee representatives may fulfil their duties in working hours
if this is necessary for the completion of their tasks and if their professional
work allows it. Members of the employee representation should not be prevented
from fulfilling their duties by the employer and should not be penalised on
account of such duties.
Notice of termination served by the employer on the employee while the
employee is an elected employee representative is unlawful in that the employer
cannot prove that there was a justified reason for giving notice. This unlawful
dismissal, too, is valid. However, it means that the employer will have to
compensate the employee up to a maximum of six months' salary.
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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