Worker representation is a crucial aspect for both companies and employees in Switzerland, ensuring open and transparent communication and safeguarding employee rights. Under the Federal Act on Information and Consultation of Workers in Enterprises (Participation Act), companies with over 50 employees can establish a staff committee (Art. 3 Participation Act). This committee represents workers’ interests to the employer and promotes social dialogue. It can be consulted on issues related to health and safety at work, vocational training, working hours, and other working conditions.
Workers also have the right to organize and form unions to defend their rights. Unions are independent organizations that represent workers and negotiate with employers to secure fair working conditions. In case of workplace conflicts, workers can seek assistance from the staff committee or unions for mediation. If mediation fails, the dispute can be brought before labor courts.
Unions and collective bargaining agreements
Unions play a significant role in advocating for workers’ interests and negotiating collective agreements in Switzerland. The International Labour Organization (ILO) Convention No. 87 upholds the freedom of association and the protection of union rights. Unions represent workers within a specific sector or company, aiming to improve working and living conditions. They assist workers in negotiating agreements with employers and resolving disputes informally. In case of legal disputes, unions can represent workers before labor courts and other judicial bodies.
Unions negotiate collective agreements with employers, which define working conditions, wages, and social benefits for workers. These legally binding agreements regulate working conditions in a company or sector, covering aspects like remuneration, working hours, holidays, and health and safety standards.
Mediation and conciliation in disputes
In Switzerland, mediation and conciliation are informal means of resolving work-related conflicts. Mediation involves a neutral third party helping the disputing parties reach a mutually acceptable solution. Conciliation is similar but involves a more directive approach from the neutral party, who reviews the facts and arguments to help find a solution acceptable to both sides. These alternative dispute resolution methods are less costly and quicker than court proceedings.
Workers can access mediation and conciliation through cantonal conciliation offices and mediation associations. Mediation associations, often specialized in labor law and employer-employee relations, offer binding solutions. Cantonal conciliation offices provide free services for resolving conflicts related to working conditions, protection against wrongful dismissal, and equal treatment. Although they cannot issue legally binding decisions, their involvement can help parties reach a mutually agreeable solution. It is often advisable to consult a lawyer to understand the procedures and define the limits of an acceptable solution.
Recourse to labor courts
If mediation or conciliation fails, workers can take their disputes to labor courts. These specialized courts handle labor law-related disputes, including wrongful dismissals, working conditions, discrimination, and harassment. Labor courts are present in each Swiss canton and are generally staffed by professional judges specialized in labor law.
Workers can file a complaint with labor courts by submitting a request for justice form, detailing the facts of the dispute and the desired outcomes. Labor courts in Switzerland are accessible to all workers, including foreign workers. During judicial proceedings, workers can be represented by a lawyer or a union. Labor courts have the authority to issue legally binding decisions for both employers and workers.
While labor courts offer a formal avenue for dispute resolution, the process can be more costly and time-consuming than alternative methods. However, in complex or severe cases, court intervention may be necessary. It is highly recommended to consult a labor law attorney for issues related to representation or workplace conflicts, as defending your rights and interests often requires adhering to specific deadlines and legal requirements.
