Swiss-EU accords: Bern revises wage protection measure

CF: Bilaterals III, compromise on wage protection Keystone-SDA

After critical feedback during the consultation, the Swiss government has decided to revise one of the proposed measures in the package designed to safeguard wage protection as part of the Bilateral III negotiations between Switzerland and the European Union (EU).

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The measure under review is number 14; the other 13 had already been approved.

The request, put forward by the trade unions, had faced strong criticism from employers. It relates to the dismissal procedure for staff representatives in companies with at least 50 employees. The proposal would require employers to hold a meeting with the staff representative concerned to explore possible solutions, such as offering a similar role.

After further talks led by the State Secretariat for Economic Affairs (SECO), a compromise was reached: a dismissal would no longer be considered null and void if it occurs before the interview takes place, but it would be deemed an unfair dismissal. The government says this approach should give employers greater legal certainty while still safeguarding the requirement for the meeting itself.

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If an employer fails to follow the required procedure, they face sanctions ranging from a minimum of four to a maximum of ten months’ salary. This compensation must be paid to the staff representative in monthly instalments. Employers who make only minor procedural mistakes can rectify the process without incurring such a penalty. But those who end the employment relationship without holding the mandatory interview risk a substantial fine.

The Swiss government says the revised version of measure 14 strikes a fair balance and helps safeguard the wider package on wage protection. Given the adjustments made and the small proportion of employers and employees affected (around 2%), the government argues that Switzerland’s labour-market flexibility will remain intact.

Translated from Italian by AI/sp

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