Parmelin suspends mediation due to abusive dismissal
Published: Monday, Dec 18th 2023, 17:10
Updated At: Monday, Dec 18th 2023, 17:10
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Federal Councillor Guy Parmelin has temporarily suspended mediation between the social partners regarding the abusive dismissal of trade unionists. The reason given is that resources are needed for the EU dossier. The trade unions have announced a popular initiative.
It has become clear that an amicable solution is currently not possible, according to a statement from the Federal Department of Economic Affairs, Education and Research (EAER) on Monday. Parmelin had initiated mediation between the social partners under the leadership of external mediator Franz Steinegger in 2019.
The Swiss Federation of Trade Unions (SGB) had already submitted a complaint to a supervisory body of the International Labor Organization (ILO) in 2003 regarding the inadequate protection of trade unionists. It was intended to clarify the question of how employee representatives could be better protected against abusive dismissals.
The EAER stated that the social partners could resume the process of finding a solution at any time. The head of the department is available to the social partners in this regard and continues to hope that an agreement can be reached at a later date with the current solutions.
On the employers' side, the Swiss Employers' Association (SAV) said it supported the Federal Council's decision. The SAV also shares the Federal Council's assessment that the social partners are not yet close to a rapid conclusion of the mediation talks. Moreover, the talks have only been suspended and not broken off.
SGB: Suspension "unacceptable"
The SGB described the suspension of mediation between employers and employees as "unacceptable". It called for "the immediate resumption of mediation". Swiss dismissal law does not meet the standards of international law.
One case of discrimination against trade union members due to dismissal is even pending before the European Court of Human Rights (ECHR).
Originally, the mediation was to be regularly concluded at the end of January 2024. However, shortly before the conclusion, the employers withdrew from the mediation, according to the SGB.
The trade union federation has repeatedly proposed solutions in labor law, most recently with regard to working time regulations in service sectors such as fiduciary services, tax consultancy and information and communication technologies. This makes it all the more unacceptable that employers have refused to enter into talks.
The trade union Unia announced a popular initiative on protection against dismissal to the media in Bern. Unia President Vania Alleva said that the failure of the mediation was due to the "irresponsible attitude of the employers' association and the discouragement of the Federal Council".
She spoke of a "declaration of bankruptcy in view of the employers' refusal". Pressure from the population is now needed.
Unfair dismissals
According to Unia, the current situation is not only unacceptable for staff representatives, but also poses particular risks for employees in vulnerable situations. People who are absent due to illness or are on maternity leave, as well as older employees, are disproportionately affected by unfair and abusive dismissals.
According to Unia, whistleblowers and union activists are also inadequately protected in their work, meaning that they run an increased risk of becoming victims of dismissal themselves.
Unia recalled that the International Labor Organization (ILO) had placed Switzerland on its blacklist of the 40 most worrying cases of violations of ILO conventions in 2019.
As the Federal Council and employers are apparently unwilling to ensure compliance with international standards, Unia and the Swiss Federation of Trade Unions are preparing a popular initiative to guarantee employees' rights in this area, Unia explained.
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