Equality in employee commissions: is there a need for quotas?

In the machinery, electrical equipment and metals industry, it is no secret that women are in the minority. According to figures from Swissmen (2023), women make up 25% of the workforce, and this figure is even lower in the production sector. It is therefore easy to assume that, logically, fewer women are involved in staff committees. But what if they are absent?

‘I advise many works councils in MEM or technical companies, so it often happens that only men participate in the committee,’ explains Tanja Riepshoff, lawyer at Angestellte Schweiz. 'This is due to the industry. The same is true for the chemical/pharmaceutical industry, although I do see a few more women here.'

Is it legal to impose quotas?

In one company (which shall remain anonymous), the question arose: at the time of the elections to renew the committee members, only one woman was standing as a candidate. Our legal department was asked: should her candidacy be given priority in order to promote diversity? Is it legal to do so?

These questions arose from the fear that female staff would not feel sufficiently represented by an entirely male committee.

Our lawyer Pierre Derivaz's response: a quota for women is compatible with the Equality Act and the MEM agreement. Staff committees must be formed following a ‘general and free’ election. In neighbouring countries such as France and Germany, quotas are expressly authorised or even provided for by certain legal systems governing works councils. However, if a company wishes to introduce quotas, this rule must first be accepted by the parties concerned (employers and employees). It must also be set before the call for candidates and not during the election if it becomes apparent that there is a shortage of female candidates.

Divergent themes of interest?

In Swiss politics, women are still under-represented (37% in Parliament after the 2023 elections). However, political science studies confirm that gender does play a role in voting, particularly on issues such as equal rights, childcare and health. Is this also the case when it comes to worker representation?

For Melanie Hasler, a member of the Angestellte Schweiz committee who was involved in a previous job as a staff representative, these statements need to be qualified:

Tanja Riepshoff confirms this when she visits the committees in the field: "Many topics are gender-neutral, such as recording working hours, bonuses and, of course, measures in the event of collective redundancies. These are the most existential issues and affect all employees. " However, she acknowledges that strictly female issues (a concrete example: the idea of organising a course in a company on the consequences of the menopause at work) tend to be raised by the female members of the committees. A witness in another company told us about the appointment of a female representative to deal with all issues relating to sexual harassment at work.

So, are quotas a good or bad idea?

Melanie Hasler emphasises that diversity is undoubtedly an asset within committees, but that it goes beyond the ‘male/female’ divide: 'It is important not to focus solely on gender, but also on diversity in terms of age, departments and professional experience.‘ In her view, quotas should therefore be a last resort: ’The priority should be to ensure, through an open and fair culture, that everyone, regardless of gender, has the same opportunities to get involved in the ANV or other bodies.'

For our lawyer Tanja Riepshoff, quotas are not the solution, primarily for pragmatic reasons: