Collective employment law

Collective employment law refers to regulations that go beyond individual employment relationships and structure the relationships between social partners, employers, employees and their respective representatives. These relationships are often governed by collective employment agreements, which play an important role in the world of work. Collective employment law can be broadly divided into the following subject areas:

Collective employment agreements: Collective employment agreements are key instruments of collective employment law. They set minimum conditions for wages, working hours and other working conditions. Our law firm supports companies, associations, joint commissions and employee representatives in negotiating and enforcing these agreements. This includes advising on the defence or assertion of claims under collective employment agreements and representing clients in disputes under collective employment law. We also support our clients in applying for and contesting declarations of general applicability, which can extend the applicability of a collective employment agreement to an entire industry.

Employee participation: Another important aspect is the employee’s participation in the company, for example through an elected employee representative committee (also known as a personnel committee). We advise on the enforcement of participation rights and support companies and employee representative committees in consultation procedures, which are necessary, for example, in the event of mass dismissals. We also provide support in the creation and negotiation of company regulations, which set out rules for accident prevention and health and safety at work.

Industrial action law: Conflicts between employers and employees can lead to industrial action such as strikes. Even though strikes are much less common in Switzerland than in other European countries, questions about the permissibility and feasibility of strikes arise from time to time. Our law firm advises on the legal handling of such conflicts, both in the enforcement and defence of strikes and similar measures. We also represent clients in the settlement of claims for damages that may arise from unlawful industrial action.

 

Our law firm advises and represents companies, associations, joint commissions, municipalities, public enterprises and private individuals in all areas of private and public collective employment law, i.e.:

In the area of collective employment agreement law:

  • Enforcement of and defense against claims under collective employment agreements;
  • Advice and representation in collective-law connected disputes between social partners;
  • Advice and support in negotiations under collective employment law, namely in the negotiation of collective employment agreements;
  • Advice and representation in applying for and contesting declarations of general applicability.

 

In the area of employee participation:

  • Enforcement of and defense against claims in connection with employee participation law;
  • Advice and comprehensive support in consultation procedure (e.g. within the scope of mass redundancies and company takeovers;
  • Advice on the enactment and negotiation of works regulations.

 

In the area of industrial action law:

  • Enforcement of and defense against strikes and other industrial action;
  • Enforcement of and defense against claims for damages and other claims resulting from unlawful industrial action.