Swiss Employers Obliged To Disclose Contracts On Pay And Work Conditions In Salary Dumping Procedures

 
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In a recently published December 12 2016 decision, the Supreme Court held that employers are obliged to disclose employment contracts and other relevant documents relating to pay and working conditions to the 26 so-called 'cantonal tripartite commissions', which serve as control bodies for protection against wage and social dumping in Switzerland.

In order to mitigate the effects of the Free Movement Agreement with the European Union on the Swiss labour market, flanking measures were adopted in 2002 which aim in particular to protect against wage and social dumping. In this context, federal and cantonal governments were obliged to establish the tripartite commissions, which consist of employer, employee and agency representatives that monitor and control critical labour markets (e.g., construction, tourism and farming).

In February 2015 the Labour Inspection Agency for the Canton of Zurich carried out an inspection on behalf of the Tripartite Commission of the Canton of Zurich on a construction site. The agency asked the construction company to disclose and submit various documents concerning the employment and working conditions (e.g., work contracts, payroll accounts and working time...

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