Employee participation and employee representation

The Co-Determination Act governs the participation of employees in a company and applies to all private companies with employees in Switzerland, regardless of their size. Participation consists mainly of providing information to and listening to employees. Employers must inform employees of all significant circumstances, new developments and/or changes. Employees have the right to take their questions and/or comments to their employer and make suggestions. The act also governs the elections of employee representation committees. Any company may have a committee, but there is no requirement to have one. Employers need only inform or consult the affected employees in the following instances:

• in all matters relating to work safety and worker protection
• on the transfer of operations
• in the event of mass redundancies

Works councils in the EU have far greater powers than employee representation committees under Swiss law. The major difference is that, in contrast to works councils, Swiss employee representative committees are not able to push through their own views or to force a decision. Their rights are limited to being informed, having their views heard and providing decision-making input.