Working in Switzerland - Work disputes - Strikes

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.