On 4th September 2024, The Swiss Federal Council has been entrusted to examine the postulate 22.3872 from the Foreign Policy Committee of the National Council, dated 28th June 2022, as regards the differences between Swiss law and EU law in the area of workers’ protection, with the purpose of revealing any necessary adjustments to align with EU law.
According to the conclusions of the report, Swiss law offers a level of protection for workers that is equivalent to the EU, making further regulatory adjustments not necessary.
A comparison between Swiss and EU Law
In order to respond to the postulate, an interdepartmental working group has been appointed to carry out a comparison between 12 EU legislative acts and their application in some Member States, such as France, Germany and the Netherlands.
The findings from the comparative examination are that, in most cases, the differences observed are related to aspects of minor significance, which would unlikely compromise the level of protection guaranteed to workers in Switzerland.
The major divergences observed concern two recent Directives:
- Directive (EU) 2019/1152, on transparent and predictable working conditions in the European Union
- Directive (EU) 2019/1158, on professional work-life balance for parents and carers
Nevertheless, such differences do not imply that an adjustment of the Swiss law to achieve EU standards is necessary.
Ultimately, the protection of workers envisaged by Swiss law does not exhibit significant gaps.
As in the past, Switzerland continues to prefer relying on a social dialogue that directly involves the social partners, thus avoiding automatic and unilateral adoption of EU directives. This engagement of the social partners proved to be effective both during economic expansion and contraction, ensuring that the precious contribution of the social partners is not marginalized.
Swiss labour law remains independent from EU law
Since 1992, when Switzerland rejected joining the European Economic Area (EEA), the country has autonomously committed to adjust part of its domestic legislation to become more aligned to the European regulatory body. Although Switzerland is not required to adopt EU laws, it monitors closely any recent development and only adopts the changes that fit national objectives.
It is noteworthy that the legislation analyzed in the report is not part of ongoing negotiations between Switzerland and the European Union.
However, the Swiss Federal Council is working to harmonize the rules concerning the posting of workers – stemming from the Agreement on the Free Movement of Persons – with European legislation. The goal is to ensure the protection of posted workers’ rights and prevent unfair competition practices, thus maintaining the current wage and working conditions in the Swiss labour market.
Find more on the current EU legislation on transnational posting of workers.
In conclusion, Switzerland will maintain its labor protection legislation without significant changes, as the current system is deemed appropriate and consistent with European standards.