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Labour Inspection Convention, 1947 (No. 81) - Switzerland (RATIFICATION: 1949)

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The Committee notes the observations of the Swiss Federation of Trade Unions (USS/SGB), communicated with the Government’s report.
Article 3(2) of the Convention. Additional functions of labour inspectors. Functions entrusted to labour inspectors related to migration. The Committee notes the Government’s indication in its report that the State Secretariat for Economic Affairs (SECO) does not have an overall view of all the cantons in which inspection bodies responsible for applying the Federal Act on undeclared work (LTN) are also responsible for monitoring compliance with labour law. The Government also states that the SECO conducts regular audits in the cantons, to verify whether the inspection bodies are fulfilling their mandate correctly. Nevertheless, the Committee notes from the 2022 report on the application of the LTN that 1048 workers were penalized by the competent authorities in accordance with the legislation on foreign nationals and that on tax deduction at source. Taking this data into account, and in the absence of information on the role of labour inspectors in sanctioning workers in an irregular situation in the cantons, the Committee requests the Government to indicate the manner in which the SECO ensures that, in the cantons, the function assigned to labour inspectors of supervising workers in an irregular situation does not interfere with their main objective of ensuring the protection of workers in accordance with Article 3 of the Convention.
Articles 5(b) and 10. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. Sufficient number of labour inspectors. The Committee notes, according to the comments of the USS/SGB, that there is an insufficient number of labour inspectors in the cantons, resulting in too few random checks. The USS/SGB also considers it unacceptable to have the police, the joint committee, the trade unions and the authorities involved in monitoring undeclared work perform as labour inspectors, since those actors lack knowledge of labour law and health protection. In this regard the Committee notes the Government’s indication that the SECO runs regular checks to ensure that the training of labour inspectors and their staffing levels are sufficient, but that organization of the service is under the authority of cantons. The Committee also notes the order issued by the SECO on training and on minimum teams assigned to cantonal labour inspection duties, adopted in 2022. It further notes, from the 2022 annual labour inspection report that the staff of the labour inspectorate increased from 628 in 2020 to 635 in 2021, before falling back to 628 in 2022. Finally, according to the USS/SGB, the social partners are not sufficiently involved in the inspections, in particular regarding implementation of occupational safety and health legislation. The Committee requests the Government to provide more information on the measures taken to improve collaboration between officials of the labour inspectorate and the social partners, particularly in the field of occupational safety and health. The Committee also requests the Government to indicate whether measures are envisaged to increase the numbers of labour inspectors in the cantons in order to conduct more random checks.

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Article 3(1)(a) and (b) of the Convention. Labour inspection activities in the area of working-time requirements. The Committee notes that, in reply to its previous request concerning labour inspection activities in the area of working-time, the Government indicates in its report that: (i) a study on the effectiveness of the priority action on psychosocial occupational risks led between 2014 and 2018 by the State Secretariat for Economic Affairs (SECO) and the Intercantonal Association for the Protection of Workers demonstrates that the engagement of cantonal labour inspectors, who were offered awareness-raising and training in this area, had a positive impact on the implementation of preventive measures, and reveals that employers are open to investing in such measures; (ii) the knowledge acquired in the context of this priority action continues to be applied during cantonal labour inspections; and (iii) the SECO continues to offer various training sessions in which cantonal labour inspectors are trained in working and rest time.
Article 3(2). Additional functions of labour inspectors. Functions entrusted to labour inspectors related to migration. Rights of foreign workers from their past work relationship. The Committee previously noted that, pursuant to the Act on undeclared work (LTN), the cantonal supervisory bodies responsible for the enforcement of the LTN verify whether employers and workers are complying with their notification and permit requirements in accordance with the legislation on foreign nationals, and collaborate, inter alia, with the labour inspectorate and the police. It also noted that, in certain cantons, no separate cantonal supervisory body had been established to supervise the application of the LTN, but that the cantonal labour inspectorates were responsible for the application of the LTN.The Committee therefore requested the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with their main objective to ensure the protection of workers. The Committee notes the Government’s indication in its report that in the area of labour inspection, two types of inspectors are deployed: (i) labour market inspectors, who monitor the lawful implementation of the Act on Posted Workers and the LTN; and (ii) cantonal labour inspectors, who are responsible for enforcing labour law in all enterprises (except federal enterprises) as well as the guidelines on prevention under the Act on accident insurance in service enterprises. The Government further states that: (i) enforcement of labour law, including by labour inspectors, is incumbent on the cantons; (ii) in the fight against undeclared work, the cantons have considerable leeway in the organization of their cantonal supervisory bodies; most cantons have set up the supervisory body within the cantonal labour market authority; and (iii) some cantons have delegated tasks specific to the enforcement of the LTN to joint committees or monitoring associations, which also carry out support measures for the free movement of persons and, in particular, monitor compliance with the minimum conditions for wages and work in the country. The Committee also notes Annex 2 to the 2019 report on the implementation of the LTN, containing a brief description of the configuration of the relevant cantonal bodies. Lastly, with regard to respect of the rights of foreign workers liable to expulsion or already expelled, the Committee notes the Government’s indication that the SECO is not aware of any actions by trade unions or judgments under section 15 of the LTN (concerning the representation of foreign workers after they have left the country). The Committee notes that, according to the information included in the report on the implementation of the LTN in 2019, concerning breaches of the obligations of notification and permit requirements in accordance with the legislation on foreign nationals, in addition to 962 employers, 820 workers were sanctioned by the authorities competent in matters relating to the legislation on foreign nationals. The Committee requests the Government to provide specific information on the number of cantons in which the application of the provisions concerning the obligations of notification and permit requirements in accordance with the LTN are enforced by the same inspection body responsible for supervising the implementation of the labour law. It also requests the Government to provide further information on the inspection activities in the cantons in question (cantonal legislation, including guidelines concerning the prerogatives of inspectors relating to the monitoring of undeclared work, and inspectors’ operational procedures). In this regard, the Committee requests the Government to take the necessary measures to ensure that, in these cantons, the supervisory functions assigned to labour inspectors do not interfere with their main objective to ensure the protection of workers in accordance with Article 3 of the Convention.

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Article 3(1)(a) and (b) of the Convention. Labour inspection activities in the area of working-time requirements. The Committee previously noted the comments made by the Swiss Federation of Trade Unions (USS/SGB) concerning the inadequacy of inspections with regard to the legislation on working time, and that the significantly increased overtime hours and stress had led to psychosocial risks and psychological illnesses (such as depression and burnout). The Committee notes the Government’s indication, in response to its previous request, that the labour inspectorate has prioritized the prevention of psychosocial risks (including long working hours as one of the causes) from 2014 to 2018. It adds that in view of the awareness-raising activities undertaken, the cantonal supervisory bodies have increasingly integrated this issue into their inspection visits, thereby raising the awareness of employers. The Committee requests the Government to continue to provide information on the activities of the labour inspection services in the area of working time.
Article 3(2). Additional functions of labour inspectors. Functions entrusted to labour inspectors related to migration. The Committee previously noted that, pursuant to the Act on undeclared work (LTN), the cantonal supervisory bodies responsible for the enforcement of the LTN verify whether employers and workers are complying with their notification and permit requirements in accordance with the legislation on foreign nationals, and collaborate, inter alia, with the labour inspectorate and the police. It further noted that in certain cantons, no separate cantonal supervisory bodies had been set up to supervise the LTN, but that the cantonal labour inspectorates had been entrusted with the implementation of the LTN. The Committee notes that the Government provides detailed information on the functioning and activities in the area of undeclared work, but that it has not provided the requested information in response to the Committee’s previous request, concerning disaggregated statistical information in the cantons, where the implementation of the LTN has been entrusted to the labour inspection services. The Committee recalls in this respect that, pursuant to the LTN, the bodies entrusted with enforcing the Law control residence permits and may be assisted by the police for this purpose (section 7(1)(e) and (2)), collaborate with the labour inspectorate, the immigration police and border guards (section 11(1)) and communicate the result of their controls to the authorities concerned (including the competent bodies in the area of asylum and rights of foreigners) (section 12). The Committee requests the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with their main objective to ensure the protection of workers in accordance with labour inspectors’ primary duties in accordance with Article 3(2) of the Convention. The Committee requests the Government to provide information on the measures taken in this regard for the cantons where the labour inspectorate is entrusted with the application of the LTN.
Rights of foreign workers from their past work relationship. The Committee notes that section 14 of the LTN provides that, where workers face expulsion from the country, the authorities are required to provide information to foreign workers on their possibility to assert their rights against their employers, and that they may entrust the enforcement for this purpose to a representative. The Committee notes that section 15 of the LTN provides that trade unions may represent foreign workers where they have left the country. The Committee requests the Government to provide information on the number and nature of cases where the rights of foreign workers (including the payment of wages and other benefits resulting from their employment relationship) who are liable to expulsion or have already been expelled, have been enforced.
Article 17 and 18. Appropriate sanctions. The Committee notes the information provided by the Government in response to the Committee’s previous request concerning the penalties under the Act on posted workers (LDét 823.20).

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The Committee notes the Government’s report and the comments made by the Swiss Federation of Trade Unions (USS) received on 30 October 2013.
Articles 3(1)(a), 10 and 11 of the Convention. Functions and resources of the labour inspection system. The Committee notes the comments made by the USS concerning the inadequacy of the supervision of the working time requirements set out in the Labour Act (ArG) and its implementing decrees, and particularly the requirement to record hours of work, which is only complied with for 16.7 per cent of workers in Switzerland, according to a study carried out in 2013, to which the trade union refers. The USS raises in particular the issue of the absence of statistical data concerning supervision of working time requirements (for example, the number of inspections, the number of violations, statistics of psycho-social diseases, etc.) in the report of the Secretariat of State for the Economy (SECO). According to the USS, the cantonal labour inspection services (KAI) are not allocated sufficient financial and human resources to carry out such supervision and the number of violations reported in this area appears to be fairly low in comparison with the number of inspections conducted. The USS refers to the need for such supervision to prevent psycho-social risks and psychological illnesses (such as depression and burn-out) resulting from overtime hours and stress, which have increased significantly. The violations appear to be particularly frequent in the services sector (for example, the health sector, banking, insurance, etc.) and, according to the trade union, working time records have not been monitored in certain banks since 2009. The Committee invites the Government to provide any comments that it considers useful in its next report in reply to the observations of the USS.
Article 3(2). Functions entrusted to labour inspectors in the context of measures to combat undeclared work. The Committee notes that, according to the report on the implementation of the Act on undeclared work (LTN) of 2012, the cantonal supervisory bodies responsible for the enforcement of the LTN verify whether employers and workers are complying with their notification and permit requirements in accordance with the legislation on social insurance, foreign nationals and taxation at source, and that the LTN provides that such cantonal bodies shall collaborate, inter alia, with the labour inspectorate and the police. The Committee notes that in certain cantons the labour inspectorate is the competent body to combat undeclared work. With reference to paragraphs 75–78 of its 2006 General Survey on labour inspection, the Committee reminds the Government that, in accordance with Article 3(2) of the Convention, additional duties that are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers may only be assigned to labour inspectors in so far as they do not interfere with their primary duties and do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the protective objective of labour inspection. The Committee would be grateful if the Government would indicate, for the cantons concerned, the percentage of labour inspections which have the objective of combating undeclared work in relation to the total number of inspections conducted. It also requests statistics on the violations detected by labour inspectors, the action taken as a result and the nature of the penalties imposed. The Committee would also be grateful if the Government would indicate the manner in which the labour inspection services ensure that employers comply with their obligations (particularly the payment of wages and other benefits due for the work performed during the actual period of the employment relationship) in the case of irregular foreign workers, including migrant workers who are liable to expulsion or have already been expelled by the immigration services.
Article 17 and 18. Appropriate sanctions. The Committee notes that, according to the Government, the Act on posted workers (LDét823.20) provides for penalties to be imposed on Swiss employers which are not in compliance with the compulsory minimum wages set out in model labour contracts. The Committee would be grateful if the Government would indicate the types of penalties ordered for employers in breach of the legislation on conditions of work and the protection of workers.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Referring to its observation concerning the publication and quality of the annual report on labour inspection activities, the Committee requests the Government to provide further information on the following points.

Article 5(a) of the Convention. Cooperation between the labour inspection services and the judicial bodies. The Committee notes that, in reply to its 2007 observation in which it called for effective cooperation between the labour inspection services and the judicial bodies to reinforce the work and credibility of the labour inspectorates, the Government indicates that prosecution falls within the competence of the cantons and is subject to their own procedures. The Government adds that the exchange of information between the labour inspectorates and the courts varies from canton to canton, but that a harmonization of procedures is under way. The Government is requested to provide information on any developments in this regard, illustrated by any relevant documents.

Article 2, paragraphs 1 and 2, and Article 3, paragraph 1(a). Legislative areas coming under the competence of labour inspection. The Committee notes that, in accordance with section 4 of the Federal Act on measures to combat illegal employment (LTN), it is the cantons which, within the framework of their legislation, appoint the cantonal supervisory body which is competent on their territory to enforce its provisions. It notes that the labour inspectorate’s activity reports do not contain information showing that a role has been assigned to the inspection services in this legislative area, which, in fact, is not among the matters covered by the above Articles of the Convention. The Committee would be grateful if the Government would provide clarification in this regard and indicate and describe any form of collaboration existing between the labour inspectorate and the supervisory bodies responsible for enforcing the LTN as well as the consequences of this collaboration on the performance by labour inspectors of their main duties as defined by the Labour Act.

Article 21(f) and (g). Statistics of industrial accidents and cases of occupational disease. The Committee notes that the statistics of industrial accidents and cases of occupational disease provided in the labour inspectorate’s annual report for 2008 are absolutely identical to those provided in the report for 2007. The Committee would be grateful if the Government would provide clarification in this regard and indicate whether it is envisaged, with a view to better reflecting needs with regard to the prevention of occupational hazards, to supplement such statistics in accordance with the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

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Articles 20 and 21 of the Convention. Publication and content of the annual report on labour inspection activities. The Committee notes with satisfaction the publication of the annual report of the labour inspectorate for the period 2001–08 on the web site of the State Secretariat for Economic Affairs (SECO) (see www.seco.admin.ch/dokumentation/publikation/00008/00022/01737/index-htm1?lang=fr) and the annual report on occupational safety and health for the same period on the web site of the Federal Coordination Commission of Occupational Safety (CFST) (see www.ekas.admin.ch/index-fr.php?frameset=14). It notes in particular the conformity with the provisions of Article 20 of the Convention with regard to the date of publication of the report and the exhaustive nature of the information included in these reports on the matters referred to in Article 21. Furthermore, the maintenance on the above web sites of the reports relating to several years is useful in that it enables an analysis of developments in activities and the results achieved in relation to the measures implemented.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee noted the Government’s report, the information provided in reply to its previous comments and the attached documents. It also noted the Act of 24 March 2000 on federal personnel, the provisions of which shed useful light on the status and conditions of service of officials, including labour inspectors.

Child labour. The Committee notes with interest that, following the ratification of ILO Conventions Nos. 138 and 182, the Government has amended texts for the implementation of the Labour Act by drafting a new ordinance specifically concerning the protection of young people at work, which is due to enter into force in 2002, and that labour inspectors will receive appropriate training once this ordinance has entered into force. The Committee hopes that information on inspection activities with respect to child labour in industrial and commercial premises will be communicated in the next annual reports published under Articles 20 and 21.

Project for the reorganization of the labour inspection system. Referring to its previous comments, the Committee notes that the project for the reorganization of the labour inspection system is subject to the prior determination, currently under consideration, of the status of the Swiss National Occupational Accident Fund. It notes, however, the report drafted in November 2000 by the working group of the Labour Directorate of the Ministry of Economic Affairs (Seco) and the Inter-Cantonal Association for the Protection of Workers aimed at improving organization and cooperation between the Confederation, which has the supreme supervisory function, and the cantons responsible for executive tasks with respect to worker protection. Having indicated that this report is currently before the cantons for consultation, the Government is asked to communicate information on the outcome of these consultations and on any measure taken consequently regarding the application of the provisions of the Convention.

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The Committee notes the Government's report and the information provided in response to its previous comments. It also notes the annual inspection reports for 1997 and 1998.

1. The Committee notes that the statute of labour inspectors is currently being amended to comply with legislation respecting federal personnel and should take effect in 2001. The Committee also notes the Government's statement to the effect that although labour inspectors will be under contract to the State, their independence as labour inspectors will not be compromised.

2. The Committee refers to its previous comments and notes that the project announced by the Government to carry out a fundamental reorganization of the judiciary and to reorganize the system of inspection between the competent authorities in matters of protection of health and safety at work has not as yet come to fruition. The Government is requested to provide the Office with any information on developments in this regard.

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1. In its previous comments, the Committee noted that the Parliament asked the Federal Council to propose a complete reworking of the inspection system with a view to better coordination of powers in respect of protection of health and safety at work, which are divided up between several authorities. The Committee notes the information provided by the Government in its report according to which a study group has been set up, mainly comprising representatives of the social partners, executive bodies with jurisdiction over health and safety at work and a representative of the private insurers. The group's mandate is to draw up, by mid-1998 at the latest, a report proposing solutions to coordinate and regroup the provisions relating to prevention and protection in the area of health and safety in the workplace.

The Committee requests the Government to provide information on the results of the work undertaken. If the inspection system is to be completely reworked, the Committee hopes that this will be done in accordance with the provisions of the Convention.

2. With reference to its previous comments, the Committee has noted the labour inspection reports for 1994 to 1996 which contain statistics on occupational accidents and diseases.

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1. The Committee notes the information supplied by the Government in its report that responsibility for protection of health and safety at work is shared among various authorities and that Parliament has requested the Federal Council to propose a complete overhaul of the system with a view to improving coordination of responsibilities. The Committee requests the Government to send information on the progress of the work of the working group set up for this purpose.

2. Articles 20 and 21 of the Convention. The Committee noted previously that the reports of the inspection services did not contain the laws and regulations relevant to the work of the inspection service or statistics of workplaces liable to inspection and the number of workers employed therein, as provided in Article 21(a) and (c) of the Convention. The Committee notes with interest the Government's indication in its report that the necessary steps have been taken so that all the missing data will be sent each year with subsequent reports. Accordingly, it hopes that the next annual report of the inspection service will deal with all the subjects mentioned in Article 21.

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Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes with interest the information that the necessary measures have been taken to include in future annual inspection reports particulars on the laws and regulations relevant to the work of the inspection service and statistics of workplaces liable to inspection and the number of workers employed therein, as required by Article 21(a) and (c). It further draws the Government's attention to the requirement that such annual reports published by the central inspection authority should contain all the particulars listed in Article 21, and expresses the hope that the Government will take the necessary measures to incorporate in these reports statistics on industrial accidents and occupational diseases that have to date been transmitted separately.

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Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes the statistics transmitted concerning work accidents and occupational diseases. However, it notes that the reports of the activities of the inspection services for 1989 and 1990 do not contain the laws and regulations relevant to the work of the inspection service and statistics of workplaces liable to inspection and the number of workers employed therein, as required by Article 21(a) and (c). The Committee hopes that in the future this data will be included in the reports of the Federal Co-ordinating Commission for Occupational Safety. It hopes too that all the data required by the Convention will be published and transmitted to the ILO within the time-limits laid down.

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Articles 20 and 21 of the Convention. The Committee takes note of the annual reports of the Federal Co-ordinating Commission for Occupational Safety for 1987 and 1988. It hopes that, in future, the Government will transmit to the International Labour Office, within the time-limits set forth by Article 20, the reports of the Swiss National Accident Insurance Fund containing statistics of industrial accidents and occupational diseases (Article 21(f) and (g)).

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