Worker representation and workplace conflicts

The issue of worker representation is crucial for businesses and employees in Switzerland. It allows transparent communication between the parties and protects the rights of workers.

In accordance with the Swiss Federal Act on the Information and Consultation of Workers in Companies (Participation Act), businesses with more than 50 employees can establish a staff committee (Art. 3 Participation Act). This committee is responsible for representing the interests of workers to the employer and promoting social dialogue. It can be consulted on various issues such as health and safety at work, professional training, working hours, and working conditions.

Furthermore, workers have the right to organize and form unions to defend their rights. Unions are independent organizations from employers that represent workers and negotiate with employers to obtain fair working conditions.

In the event of workplace conflict, workers can seek assistance from the staff committee or unions for mediation. If the conflict cannot be resolved through mediation, it may be taken to labor courts.

Unions and collective bargaining agreements

In Switzerland, the protection of workers’ rights is ensured in particular by unions, which play an important role in negotiating collective bargaining agreements and defending the interests of workers. According to the International Labour Organization (ILO) Convention No. 87, workers have the right to unionize and organize to defend their interests. Unions are professional organizations that represent workers in their sector or company and seek to improve the working and living conditions of workers. They can play a crucial role in resolving conflicts between workers and employers, by negotiating informal agreements or representing workers in labor courts and other judicial bodies.
Unions also have the ability to negotiate collective bargaining agreements with employers. These legally binding agreements regulate relations between employers and workers and define working conditions, wages, social benefits, as well as provisions relating to health and safety at work, among others. Collective bargaining agreements can thus play an important role in regulating working conditions in a company or sector.

Mediation and conciliation in dispute resolution

In Switzerland, there are informal means for resolving work-related conflicts, such as mediation and conciliation. Mediation is a process that involves a neutral third party to help the parties find a mutually acceptable solution. Conciliation is similar to mediation, but with a more directive approach from the neutral third party to help the parties find an acceptable solution. These methods are less expensive and faster than legal proceedings.
Workers in Switzerland can access these alternative means of conflict resolution through cantonal conciliation offices and mediation associations. Mediation associations are private organizations specializing in specific areas such as labor law. They can propose legally binding solutions. Cantonal conciliation offices are public bodies offering free services for conflicts related to working conditions, protection against unfair dismissal, equal treatment, etc. Although they do not have the power to make legally binding decisions, their intervention can help the parties find a mutually acceptable solution.

Recourse to labor courts

If workers cannot resolve their conflicts through mediation or conciliation, they can turn to labor courts. These are specialized courts in labor law, competent to handle disputes between employers and workers. In Switzerland, each canton has its own labor courts, composed of professional judges specialized in labor law. Workers can access labor courts by filling out a justice request form and outlining the facts of the dispute and the conclusions sought.
Labor courts have the power to make legally binding decisions for both employers and workers. Workers can be represented by a lawyer or a union during the judicial procedure. All workers, including foreign workers, have access to labor courts in Switzerland.

However, resorting to labor courts can be more expensive and time-consuming than alternative means of conflict resolution such as mediation or conciliation. The choice to resort to labor courts should be considered as a last resort in the most serious or complex cases.

It is recommended to consult a lawyer specialized in labor law in case of representation issues or workplace conflicts.