CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Switzerland (RATIFICATION: 1975)

Other comments on C087

Observation

Direct Request

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Article 3 of the Convention. The right of organizations to organize their activities and to formulate their programmes. The Committee recalls that its previous comments addressed the prohibition of the right to strike in the public service in two cantons. In its previous replies, the Government indicated that the right to strike is recognized both in the federal Constitution, and in all other cantons and all communities for public officials and specifies that, on the basis of the federal Constitution and the case law of the federal court, the two cantonal laws would be declared void in the event of a review procedure before a court. Nevertheless, in view of the principle of separation of powers, the Government is not entitled to intervene as such cases are ruled on directly by the courts. The Committee had requested the Government to indicate any initiative by the competent authorities of the cantons concerned to ensure that the prohibition of the right to strike in the public service is limited strictly to public officials exercising authority in the name of the State, or any applications for review by the courts on this subject. In its reply, the Government indicates that there are no new developments or judicial complaint since the last report. The Committee notes these indications and requests the Government to indicate any new developments, including any applications for review by the courts on this subject.

In addition, the Committee notes the communication by the Government of the Federal Court’s decision dated 6 September 2017, the broad scope of which covers various issues, including the recognition of trade unions’ right to access the employer’s premises, as an essential component of freedom of association.