Worker representation and labor disputes

In Switzerland, employee representation is an important issue for both companies and employees.
Such representation ensures open and transparent communication between the two parties, as well as protecting workers’ rights.

In accordance with the Federal Act on Information and Consultation of Employees in Undertakings (Participation Act), companies with more than 50 employees may set up an employee committee (art. 3 Participation Act).
This committee is responsible for representing employee interests vis-à-vis the employer and promoting social dialogue.
It may be consulted on a variety of issues, such as health and safety at work, vocational training, working hours, working conditions and so on.

Workers also have the right to organize and form trade unions to defend their rights.
Trade unions are organizations independent of employers that represent workers and negotiate with employers to obtain fair and equitable working conditions.

In the event of a conflict at work, employees can seek the help of the personnel committee or trade unions to obtain mediation.
If the dispute cannot be resolved through mediation, it may be referred to the labour courts.

Trade unions and collective bargaining

In Switzerland, trade unions play a crucial role in defending workers’ interests and negotiating collective agreements.
Freedom of association and protection of the right to organize are governed by International Labor Organization (ILO) Convention 87.
Trade unions are professional organizations representing workers in a given sector or company, seeking to improve their working and living conditions.
They are also involved in resolving disputes between workers and employers.
Unions can help workers negotiate agreements with employers and resolve disputes informally.
In the event of a dispute, unions can represent workers before labor courts or other judicial bodies.

Unions can negotiate collective agreements with employers to define working conditions, wages and benefits for workers.
Collective agreements are legally binding agreements governing relations between employers and workers.
They regulate working conditions in a company or sector, and can include provisions on pay, working hours, vacations, occupational health and safety, etc.

Mediation and conciliation in the event of a dispute

In Switzerland, labor disputes can be resolved informally through mediation and conciliation.
Mediation is a process in which a neutral third party helps the parties reach a mutually acceptable solution, while conciliation involves a more directive approach on the part of the neutral third party to help the parties find an acceptable solution.
These alternative means of dispute resolution are faster and less costly than legal proceedings.

Swiss workers can benefit from these mediation and conciliation services through cantonal conciliation offices and mediation associations.
Mediation associations are private bodies specializing in specific fields, such as labor law and employer-employee relations.
Unlike conciliation boards, mediation associations can propose legally binding solutions.

Cantonal conciliation boards are public bodies offering free conciliation services in the event of disputes between employees and employers.
They can intervene in disputes concerning working conditions, protection against unfair dismissal, equal treatment, and so on.
Although they do not have the power to issue legally binding decisions, their intervention can help the parties find a mutually acceptable solution.

Employment tribunals

If mediation or conciliation are not sufficient to resolve a dispute, employees can take their case to the Swiss labor courts.
These specialized labor courts are the judicial bodies competent to judge disputes between workers and employers.
They deal with issues such as unfair dismissal, working conditions, discrimination and harassment.
Labor courts are located in every Swiss canton and are staffed by professional judges specialized in labor law.

To access the industrial tribunals, workers must fill in a court application form, setting out the facts of the dispute and specifying the conclusions sought.
All workers in Switzerland, including foreign workers, have access to the industrial tribunals, and may be represented by a lawyer or a trade union during the legal proceedings.
Labor courts have the power to issue legally binding rulings for both employers and employees.

If a worker has a dispute with his or her employer, he or she may choose to go to employment tribunals rather than seek a solution through mediation or conciliation.
However, recourse to employment tribunals can be more costly and time-consuming than alternative means of dispute resolution, particularly for the most complex or serious cases.

It is advisable to consult a lawyer specializing in employment law in the event of representation problems or conflicts at work.