2016 ITUC Global Rights Index - Switzerland
| Publisher | International Trade Union Confederation |
| Publication Date | 9 June 2016 |
| Cite as | International Trade Union Confederation, 2016 ITUC Global Rights Index - Switzerland, 9 June 2016, available at: https://www.refworld.org/docid/5799aa5415.html [accessed 23 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Switzerland fails to amend its labour legislation in order to prevent anti-union dismissals: Swiss labour law does not provide reinstatement in case of discriminatory dismissal of trade unionists, and the only legal remedy provided is compensation. In the case of unfair and discriminatory dismissal, Swiss law provides up to six months' wages compensation, although on the average it varies from around one to three months' wages. All things considered, the compensation due according to Swiss law is very likely to be considered by enterprises as a cost worth to be paid in order to get rid of troublesome individuals, being so low that it has no deterrent effect on discriminatory dismissal. For such reason SGB/USS trade union presented its complaints to the Government asking for an amendment in the law. In January 2011, in response to a trade union request, the Swiss government drafted a bill for a partial review of the Code of Obligations, increasing from six to twelve months' wages the maximum penalty for anti-union termination of contract. Nevertheless, following attacks by employers, the Government suspended the bill, and Swiss workers have been stuck since more than ten years in this "limbo" of lack of protection against anti-union dismissal.
