Worker representation and workplace conflicts

In Switzerland, employee representation is an important issue for both companies and employees. It ensures open and transparent communication between them, and protects workers’ rights.

Under Switzerland’s federal law on employee information and consultation in companies (Participation Act), companies with more than 50 employees are required to 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. The personnel committee can be consulted on issues relating to health and safety at work, vocational training, working hours, working conditions, etc.

In addition, workers 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 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 an important role in defending workers’ interests and negotiating collective agreements. ILO Convention 87 concerns freedom of association and protection of the right to organize. Trade unions are professional organizations that represent workers in a given sector or company, and seek to improve working and living conditions for workers. They play an important role 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 also represent workers before labor tribunals or other legal 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. Collective agreements regulate working conditions in a company or sector. They may include provisions on pay, working hours, vacations, occupational health and safety, etc.

Mediation and conciliation in the event of a dispute

In Switzerland, mediation and conciliation are informal ways of resolving work-related disputes. Mediation is a process in which a neutral third party helps the parties find a mutually acceptable solution to a conflict. Conciliation is similar to mediation, but with a more directive approach on the part of the neutral third party. The conciliator examines the facts and arguments of both parties and helps them find a mutually acceptable solution.

Mediation and conciliation are alternative means of conflict resolution that are less costly and quicker than legal proceedings. In Switzerland, workers have access to mediation and conciliation through cantonal conciliation offices and mediation associations.

Mediation associations are private organizations that offer mediation services in the event of disputes between workers and employers. They often specialize in specific fields, such as labor law, employer-employee relations, etc. Unlike conciliation boards, mediation associations can propose legally binding solutions to parties in conflict.

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

That said, even when opting for conciliation or mediation, it is sometimes important to seek the advice of a lawyer to clearly define the boundaries of these alternative procedures and set the limits of an acceptable solution.

Employment tribunals

If disputes cannot be resolved through mediation or conciliation, workers can take the matter to the employment tribunals. Labor courts are specialized tribunals that deal with labor law disputes. In fact, labor courts in Switzerland are the judicial bodies competent to judge disputes between workers and employers. These tribunals are responsible for settling disputes concerning issues such as unfair dismissal, working conditions, discrimination, harassment, etc.

Labor courts are present in every Swiss canton and are generally staffed by professional judges specializing in labor law. Workers can lodge a complaint with the labor courts by filling in a request for justice form, setting out the facts of the dispute and the conclusions sought.

In Switzerland, labor courts are open to all employees, including foreign workers. Workers may also be represented by a lawyer or a trade union during legal proceedings. Labor courts have the power to issue legally binding rulings for both employers and employees.

In the event of a dispute with their employer, workers may choose to go to employment tribunals rather than seek a solution through mediation or conciliation. Recourse to the employment tribunals may be more costly and time-consuming than alternative means of dispute resolution, but it may be necessary in the most complex or serious cases.

It is strongly recommended that you consult a lawyer specializing in employment law in the event of representation problems or conflicts in the workplace. Especially since defending your rights and interests often involves meeting deadlines and other obligations.