Labour Law
Introduction of the obligation to conduct equal pay analyses
On 1 July 2020, the revised Swiss Gender Equality Act entered into force. Under this revision, companies with 100 or more employees (regardless of workload percentage) are required to conduct an equal pay analysis every four years, which must be reviewed by an independent body.
The Ordinance on the Review of Equal Pay Analyses, also effective as of 1 July 2020, provides specific implementation details.
The first analysis must be completed by 30 June 2021. The review must be completed by 30 June 2022.
Generally, the results of these analyses do not need to be submitted to any authority. Exceptions apply where required by other legal frameworks (e.g., public procurement).
Listed companies, however, must inform their shareholders of the results.
No Extended Protection for Whistleblowers
On 7 October 2019, the Council of the European Union adopted the so-called Whistleblower Directive, designed to protect individuals who report violations of EU law. Member states were given two years to transpose the directive into national law.
Given that only 10 out of 28 EU countries had comprehensive whistleblower protection laws at the time, the directive represents a significant legislative change across Europe.
In Switzerland, the debate on improved protection for whistleblowers has been ongoing for years. However, on 5 March 2020, the Swiss National Council rejected the Federal Council’s revised proposal, submitted as part of a supplementary message.
While the proposal has been shelved for now, public and international pressure for reform is expected to persist.