I demonstrated and I'll be paid even less!
I demonstrated and I'll be paid even less!
I took part in the Women's Strike last Wednesday. My boss had no problem freeing me for an afternoon, but he's now telling me that it will be deducted from my holiday pay! It seems to me that Switzerland also has the right to strike, and I was demonstrating for equal pay. So I'm within my rights, aren't I?
Vivi, Geneva
The right to strike does exist in Switzerland, although it is less widely used than in some of our larger European neighbours. However, this "collective refusal to work in order to obtain specific working conditions from an employer" is subject to fairly strict conditions in order to be considered lawful.
Under Article 28 of our Federal Constitution, disputes between workers, employers and their organisations must first be settled by negotiation or mediation. Strikes are therefore only permitted where they relate to labour relations and are consistent with the obligation to preserve industrial peace. It follows, in particular, that certain categories of people may be prohibited by law from taking strike action.
In short, to be lawful, a strike must satisfy four conditions simultaneously.
Firstly, it must relate to labour relations. A political strike aimed at putting pressure on the authorities or a solidarity strike is therefore not covered by the above-mentioned standard. Already in this respect, a movement such as the Women's Strike in which you participated is in principle not protected by the law, since it is based on general social demands that are not addressed directly to one or more employers.
Secondly, strike action is not an individual right, so a worker cannot strike alone: on the contrary, it is an act of association, meaning that it must be supported by an employers' or workers' organisation (trade unions) with the capacity to conclude a collective labour agreement.
Thirdly, the strike must not threaten industrial peace. For example, workers subject to a collective bargaining agreement cannot organise a strike to obtain rights that are already regulated by the agreement in question.
Fourthly and finally, strikes must respect the principle of proportionality: this means of making demands should only be used as a last resort, when all attempts at negotiation have failed.
It is important to stress that the temporary suspension of work by the employee during a strike goes hand in hand with a suspension of the employer's duty to pay wages. Clearly, you cannot demand to be paid while on strike!
It follows that your employer is not committing any abuse by considering that your participation in the feminist demonstrations this week should be taken from your days off.
