Working in Switzerland - Work disputes - Strikes

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Introduction

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Living in Switzerland
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Working in Switzerland
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Self-employment
Representation of Workers
Work Disputes

Work disputes - Strikes

The cantonal civil courts (usually the labour courts) have jurisdiction in disputes arising from individual contracts of employment. Collective labour disputes are settled differently in each canton. All cantons have conciliation offices that deal with such disputes. The Federal Conciliation Office has jurisdiction in disputes extending beyond the territory of a single canton, but acts only if explicitly requested to do so by the parties (employers or employers’ associations and trade unions) and only if attempts to reach agreement by direct negotiation have failed.

The lawfulness of strikes and lockouts is inscribed in the Federal Constitution as an expression of free association, although strikes can be prohibited under the Constitution for specific categories of persons. Strikes and lockouts are lawful only if they concern employment contracts, do not conflict with the requirement to maintain peaceful labour relations or to negotiate a settlement, and conform to the principle of proportionality. Participation in a legal strike and the consequent stoppage of work do not constitute non-observance of the contractual obligation to work. On the other hand, employers are not required to pay strikers for the duration of a stoppage.

Text last edited on: 04/2008

Source: European Union
© European Communities, 1995-2008
Reproduction is authorised.

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