Country profile CHE
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1995-02-03 | C182 | Federal Law on the Army and Military Administration - Article. 7. 1. | [{"link_name":"Federal Law on the Army and Military Administration","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/66403/CHE-66403.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article. 7. 1. of the Law states that persons liable for military service are enrolled at the beginning of the year in which they turn 18, thus prohibiting the forced recruitment of children below that age. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1951-09-03 | C182 | Penal Code - Articles 19 and 24 | [{"link_name":"Penal Code","source_link":"https://www.fedlex.admin.ch/eli/cc/1952/241_241_245/fr"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article. 24 of the Penal Code punishes anyone who has intentionally persuaded or attempted another person to commit a felony or misdemeanour, thus prohibiting the use, procuring or offering of children for the committing of an offence related to drug trafficking as defined in Article. 19. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1937-12-21 ; 1907 | C182 | Code Penal - Article 195. a. and Article 197. 3. ; Civil Code - Article 14. | [{"link_name":"-Code Penal","source_link":"https://www.fedlex.admin.ch/eli/cc/54/757_781_799/fr"},{"link_name":"-Civil Code","source_link":"https://www.fedlex.admin.ch/eli/cc/24/233_245_233/fr?version=20251231"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article. 195. a. punishes anyone inciting a minor to prostitution or promoting prostitution with the aim of deriving a financial benefit from it while Article 197. 3 prohibits the recruitment or encouragement of a minor to take part in a pornographic performance. It is worth noting that, Article 14. of the Civil Code defines a minor as someone below the age of 18 years. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1937-12-21 ; 1907 | C182 | Penal Code - Article 182 ; Civil Code - Article 14 | [{"link_name":"-Penal Code","source_link":"https://www.fedlex.admin.ch/eli/cc/54/757_781_799/fr"},{"link_name":"-Civil Code","source_link":"https://www.fedlex.admin.ch/eli/cc/24/233_245_233/fr?version=20101231"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article. 182.1. of the Code punishes anyone who, as a supplier, intermediary or purchaser, traffics in a human being for the purposes of sexual exploitation, labour exploitation or the removal of an organ. Besides, Article. 182.2. increases the penalty related to the commission of such offences in cases where the victim is a minor, which Article.14. of the Civil Code defines as a person below the age of 18 years. |
| List of hazardous activities prohibited for children | 2022-01-12 | C138 & C182 | DEFR (Federal Department of Economic Affairs, Education and Research) Ordinance of 12 January 2022 on dangerous work for young people | [{"link_name":"DEFR Ordinance","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/112922/CHE-112922.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Ordinance sets the list of hazardous work prohibited to children below the age of 18 years. |
| Minimum age for hazardous work | 1964-03-13 | C138 & C182 | Federal Law 822.11 on Work in Industry, Trade and Commerce - Article. 29. | [{"link_name":"Federal Law 822.11\r\non Work in Industry, Trade and Commerce","source_link":"https://www.fedlex.admin.ch/eli/cc/1966/57_57_57/fr"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article. 29. states that, in order to protect the life or health of young people or to safeguard their morals, their employment on certain jobs may, by order, be prohibited or made subject to special conditions. As defined in Subsection 1. of that same Article, young people are persons below the age of 18 years. |
| Minimum age for admission to apprenticeship | 2007-09-28 ; 2002 | C138 | Ordinance 5 relating to the Labour Act (Ordinance on the protection of young workers, OLT 5) - Article.4b7.1. ; Federal Act on Vocational Education and Training - Article 12 | [{"link_name":"-Ordinance 5\r\nrelating to the Labour Act\r\n(Ordinance on the protection of young workers, OLT 5)","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/77471/CHE-77471.pdf"},{"link_name":"-Federal Act\r\non Vocational Education and Training","source_link":"https://www.fedlex.admin.ch/eli/cc/2003/674/fr"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article.4b7.1 of the Ordinance stipulates that the employment of young people over the age of 15 in hazardous work outside of initial vocational training is authorised when such work is carried out as part of a federal or cantonal vocational integration measure or a preparatory offer for initial vocational training in accordance with Article 12 of the Federal Act on Vocational Education and Training and if the detailed conditions in the article are met. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2007-06-14 | C138 | Intercantonal Agreement on the Harmonisation of Compulsory Schooling - Article.3.2. ; Article.5.1. ; Article.6.1. and Article.6.2. | [{"link_name":"Intercantonal Agreement on the Harmonisation of Compulsory Schooling","source_link":"https://silgeneve.ch/legis/data/RSG/rsg_c1_06.htm?myVer=1744202786914"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article. 3. 2 states that compulsory schooling leads every student to acquire the basic education required for access to vocational or general education courses at upper secondary level. Besides, while Article 5.1. provides that pupils are enrolled from the age of 4, Article.6.1. sets that Primary education, including nursery school or elementary school, lasts 8 years, and Article.6.2. stipulates that Secondary level I follows on from primary level and generally lasts three years. Consequently, the age of compulsory schooling is set to 15 years, aligning with the minimum age for admission to work. |
| Light work - Determination of types and conditions of activities | 2007-09-28 | C138 | Ordinance 5 relating to the Labour Act (Ordinance on the protection of young workers, OLT 5) - Article. 8. ; Article. 10. and Article. 11. | [{"link_name":"Ordinance 5 relating to the Labour Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/77471/CHE-77471.pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Article. 8. of the Act defines light work as work which, by its nature and the conditions in which it is carried out, are not likely to jeopardise the health, safety or physical or mental development of young people, nor is it likely to prejudice their regular attendance at school and their performance at school. The Article allows the employment of children aged above 13 years as part of programmes organised for the purposes of vocational guidance by companies, organisations in the world of work with responsibilities for training and examinations, bodies responsible for vocational guidance or bodies responsible for extracurricular activities for children and young people in accordance with the Law of 30 September 2011 on the promotion of children and young people. Furthermore, Article. 10. states that Young people under the age of 13 may work a maximum of three hours a day and nine hours a week. For its part, Article. 11. provides that the maximum working hours for young people over the age of 13 subject to compulsory schooling are as follows ; a. during school terms: three hours a day and nine hours a week; b. during half holidays or during a vocational training course: eight hours a day and 40 hours a week, between 6 a.m. and 6 p.m., with a break of at least half an hour for any shift of more than five hours. The duration of a work placement is limited to two weeks. |
| Minimum age for light work | 1964-03-13 | C138 | Federal law 822.11 on Work in Industry, Trade and Commerce - Article. 30. 2. a. | [{"link_name":"Federal law 822.11 on Work in Industry, Trade and Commerce","source_link":"https://www.fedlex.admin.ch/eli/cc/1966/57_57_57/fr"}] | 13 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Article. 30. 2. a. of the Law provides that children aged above 13 years may be asked to run errands and do light work. |
| Minimum age for admission to work | 1996-03-13 | C138 | Federal Law 822.11 on Work in Industry, Trade and Commerce - Article. 30. 1. ; Article. 30. 2. b. | [{"link_name":"Federal Law 822.11 on Work in Industry, Trade and Commerce","source_link":"https://www.fedlex.admin.ch/eli/cc/1966/57_57_57/fr"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article. 30. 1. prohibits the employment of children aged below 15 years. Additionally, Subsection 2. b. of that same Article provides that children below the minimum age for admission to employment may be assigned to work at cultural, artistic or sporting events or in advertising while Subsection 3. adds that, exceptions to the minimum age can be allowed to children aged above 14 years who have left school in Cantons where compulsory schooling ends before the age of 15. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 17-AUG-1999 | Source |
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 28-JUN-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| To combat human trafficking, the plan focuses on prevention, prosecution, victim protection and cooperation. It follows 7 main strategic goals : Cantons are putting in place the conditions required for effective fight against human trafficking; In the fight against human trafficking in Switzerland, those involved are trained and capable of detecting human trafficking and taking appropriate action including general public and businesses; Switzerland is combating human trafficking on the basis of an overview of the situation and its knowledge of the issue; Switzerland is effectively combating trafficking in human beings for the purpose of labour exploitation; All victims of human trafficking in Switzerland have access to the protection and assistance to which they are entitled; Minor victims of trafficking in human beings are identified and receive protection and assistance in accordance with the best interests of the child; Switzerland is helping to reduce the causes of human trafficking and to pursue effective, results-oriented international cooperation. | [{"link_name":"Third national action plan against human trafficking","source_link":"https://www.newsd.admin.ch/newsd/message/attachments/83437.pdf"}] | 2023-2027 | Third national action plan against human trafficking (PAN) | Federal Council |