Switzerland


Has the country ratified ILO Equal Remuneration Convention, 1951 (No. 100)?

Yes

If yes, when?

1972

Has the country ratified ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111)?

Yes

If yes, when?

1961

Has the country ratified the Convention on the Elimination of All Forms of Discrimination against Women?

Yes

If yes, when?

1997

OECD's Recommendation of the Council on Gender Equality in Education, Employment and Entrepreneurship

Applicable

Does the country have proactive and wage transparency laws and measures to address discriminatory pay gap (including any other measures to address undervaluation of women's work)?

Yes

If yes, which laws and measures?

In December 2018 the Federal Act on Gender Equality was amended to add a new section related to equal pay requirements between female and male employees. This amendment – which entered into force on 1 July 2020 – requires employers (both public and private) with 100 or more employees to undertake an internal equal pay analysis by 30 June 2021. A methodology (tool) is provided by the Swiss authorities for this analysis. This analysis must be verified by 30 June 2022 deadline (verification by an external and independent provider such as an auditing firm, an organization, or an employee representation). At least one year after the verification, but no later than 30 June 2023, the result of this analysis must be communicated in writing to employees. For listed companies, the result of this analysis must be published in the annual financial report. This analysis is to be repeated every four years, unless the first analysis indicates that there is no unexplained pay gap difference between employees of both sexes. There are no penalty sanctions if there are violations of the provisions; however, this could affect the employer in the market as well as result in reputational risk of the organization.

Are there any provisions on minimum wage?

Yes

If yes, could you please specify whether at the national and/or sectoral level?

Regional and Sectoral

If yes, could you please provide details and appropriate reference?

Four cantons (Geneva, Neuchâtel, Jura and Ticino) have introduced minimum wage provisions, while the rest of the country has no minimum wage. For Neuchâtel, Jura and Ticino, laws are the following: Neuchâtel Loi neuchâteloise sur l'emploi (LEmpl/NE), Sections 32 to 32e (available, in the French version, here.) // Jura : Loi sur le salaire minimum cantonal du 22.11.2017, RS JU 822.41 (available, in the French version, at here.) // Ticino's minimum wage law will come into force on 01.01.2021. For Geneva the minimum wage was voted on September 27, 2020, by a popular initiative. The popular initiative voted for the introduction of a new Section 39K in the cantonal Loi sur inspection et les relations du travail (LIRT), that implements a minimum wage of 23 Swiss Francs (CHF) as of November 1st, 2020 (available, in the French version, here.).
As of 2018, 503 collective labour agreements provide for minimum wages. This corresponds to 1,813,900 employees covered by minimum wages. In Switzerland, there are 26 standard employment contracts which include mandatory minimum wages. Further information is available, in the French version, here.

Are there any provisions in collective agreements related to the principle of equal remuneration for work of equal value?

Yes

If yes, could you please provide further details and appropriate reference?

A small number of collective agreements explicitly mentions equality between women and men, some only in their preamble. However, since the principle of equal pay is part of federal mandatory law, collective agreements are bound by this principle. The Swiss National Statistical Office reported that in 2018, 2'115'300 workers (employment contracts) were covered by collective agreements in Switzerland. Please note that an employee subject to more than one collective agreements is counted several times. This concerns in particular persons with temporary work contracts. Further information is available, in the French version, here.

Other useful info

In signing the Charter for equal pay in the public sector, which was launched in 2016, public authorities – in their role as employers, subsidy-providers and procurers of services – encourage the implementation of equal pay in their areas of influence. Since November 2019, it has also been possible for state-associated organizations to sign up to the Charter. The joint commitment is intended to send a signal to public and private employees.