Relevancy for Switzerland
European Works Councils which are the actors of worker's participation in the enterprises on European level, according to Council Directive 2009/38/CE, are of great signification for Employees Switzerland. On one hand, this Directive concerns several international companies active in Switzerland, among them many in the chemical and metal industry.
On the other hand, as shown in many recent collective dismissal in international companies activ in Switzerland, the consultation procedure in Switzerland is practically linked to the later Directive, although Swiss law ignores this European procedure, because it sees employees participation in an exclusive autonomous way.
Nowadays these rules are adapted and improved in the Council Directive 2009/38/CE. It has come into application in June 2011 and will no doubt complicate consultation procedure in Switzerland in the concerned companies even more. As a matter of fact, Council Directive CE 2006/109 is the fruit of experiences in the participation according to the Council Directive CE 94/45. In Switzerland, the philosophy of participation stayed at the level of collective work's convention only relevant on national level and rarely taking european law into account. In other words, the responsibility of improving participation of workers lies predominantly in the hands of social partners.
