Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Equal Remuneration Convention, 1951 (No. 100) - Switzerland (Ratification: 1972)

The Committee notes a communication from the Swiss Federation of Trade Unions (USS), received on 26 August 2008 and forwarded to the Government on 4 September 2008. The Committee notes that the Government has not yet provided comments on this subject. According to the USS, the unions are drawing an unfavourable first assessment from their campaign to monitor wage equality. If wages continue to develop so slowly, another 30 years will be required to achieve wage equality. Very few enterprises have agreed up to now to a binding joint monitoring exercise undertaken with the assistance of the trade unions. The USS and the Federal Personnel Office (OFPER) expressed opposition to compulsory monitoring based on the Logib programme, the computer programme for monitoring wage equality designed by the Federal Equality Bureau (BFEG). The OFPER justifies its position with reference to the rejection of a parliamentary intervention containing this requirement.

Articles 1 and 2 of the Convention. Public service and public contracts. The Committee notes that, according to the Government’s report, the wage system in the administration has been designed so that in theory there can be no direct or indirect discrimination. The Logib programme has already been applied in certain administrative services of the Federal Administration. The Government indicates that the first results show that there is no wage discrimination in these services. The Federal Council is encouraging administrative services to undergo the Logib test at their own initiative, if necessary with the support of the Federal Personnel Office (OFPER). A guide for the application of the Logib programme is currently being prepared and will be disseminated in 2008 to all the human resources services of the Federal administration. The Committee notes that on 30 May 2008, the Federal Council launched a consultation procedure relating to the total revision of the Federal Public Contracts Act (LMP). According to the report, in the preliminary text of the LMP, compliance with the principle of equal wages for women and men by the tenderer is now a prerequisite. As under current law, the tenderer is under an obligation to provide justification, at the request of the adjudicator, that legal requirements are respected. The new element is that the adjudicator is now under the firm obligation to exclude from the procedure tenderers who do not comply with these requirements. Moreover, in the event of non-compliance with the legal conditions, the adjudication can be revoked or, where appropriate, a penalty can be imposed. The Committee asks the Government to provide information on the application of the Logib programme in Federal administrative services and, where appropriate, in cantonal administrative services, and to provide a copy of the guide on the application of the Logib programme. In relation to the current LMP, the Committee requests information on the results of the monitoring exercise on the application of this principle. It also asks the Government whether, under the new LMP, the adjudicator is still required to request justification from tenderers concerning compliance with the principle of wage equality.

Enforcement of the Equality Act.  The Committee notes that, according to the Government’s report, at the behest of the Federal Council, a memorandum has been prepared by the Federal Bureau for Equality between women and men for the use of the courts with a view to guiding judges in cases of complaints relating to wage discrimination. It would appear likely that the harmonization of judicial practice in this field may reduce the length of such procedures. The issue of wage equality is a priority matter which the social partners wish to address jointly. The Government indicates that the Federal Administration is facilitating dialogue between the social partners with a view to helping them reach agreement on the measures to be taken to eliminate the wage gap resulting from discrimination. The Committee asks the Government to provide information concerning the measures adopted by the social partners, with the support of the Government, to reduce the wage gap resulting from discrimination and to continue providing information on the enforcement of the Equality Act.

Part V of the report form. Differentials in the earnings of men and women. The Committee notes that, according to the report, the Federal Statistics Office has carried out a new survey on additional wage payments, based on the 2006 Wage Structure Survey. The new survey shows that remuneration systems are continuing to become more diversified through the addition of new wage components to basic wages. The Government indicates that the results of the survey on additional wage payments do not yet permit the provision of statistical data disaggregated by sex. The results of the latest Swiss Wage Structure Survey (ESS) in 2006 show that wage differentials between women and men are in general continuing to diminish. It shows that wage differentials between women and men decreased slightly in 2006 in relation to 2004 in the private sector and in the public cantonal sector. Nevertheless, women earn 19.1 per cent and 18.8 per cent less than men in these sectors, respectively. The difference is 12.9 per cent in the federal public sector and 9.4 per cent in the communal public sector. The Committee asks the Government to provide information on the reasons behind these differentials in the public federal, cantonal and communal administrations, and the measures adopted to reduce these wage gaps. The Committee also asks the Government to continue providing information on additional wage payments.