In September 2010, opened by Federal Councillor Eveline Widmer-Schlumpf, the consultation process for a partial revision of the Code of Obligations. The aim of the presentation is to strengthen the legal sanctions for improper or unfair dismissal. lit as a result of the proposed new provision of Article 336 paragraph 2. b OR should an elected workers for economic reasons the company can not be terminated. He must remain employed, even when his department closed for lack of profitability. This dismissal is especially true in the case of a so-called mass dismissal. Similar schemes have already abroad today. For the Board of Industry and Commerce St.Gallen-Appenzell, this proposal is useless. In a globalized economy is the ability to adapt business structures of new economic events, the essential basis of locational decisions. The relatively liberal labor Switzerland in connection with mass layoffs for economic reasons can not be defeated by a dismissal of elected worker representatives.
further according to the Federal Council's proposal, the maximum penalty for wrongful dismissal or summary dismissal of up to 12 months' wages to be doubled. Justifies the need to increase inter alia to the fact that it is a fundamental concern must be to "the employer not to give the impression to finance an unfair or unjustified dismissal from the petty cash can." This statement shows how much the Federal ignores the economic realities in the great majority of the companies. Already today, small and medium-sized businesses even in flagrant violation of the worker from a dismissal to be discouraged. The risk of being obliged or compelled to substantial payments to a comparison, if a lengthy and costly process is to be avoided is too large. With a doubling of the maximum sanction the possibility of degenerate dismissal even the worst offenses on the part of the employee waste
more complexity to the detriment of SMEs
The proposed partial revision of the Code of Obligations is the result of a parliamentary motion, which dealt with the problem of so-called whistleblowers. The whistleblowing concerns mainly dominated hierarchical structures in the state administration, state-oriented large companies and the publicly listed sector. Presented today is but a template that applies in practice, the smaller and medium-sized companies without their own legal counsel and without a specialized human resources department. Once again, according to the will of the Federal Bern medium-sized Economy, accounting for the problems of the state economy and a few big companies pay. This is not acceptable.
Clear words from the Thurgau
The Board of the Chamber of Commerce of St. Gallen-Appenzell rejected the proposals of the Bundesrat unanimously. Fortunately, this position is shared by the government of the canton of Thurgau. This explicitly states in its consultation that tightening of the labor laws, weakening the location advantages and may prove to result in a disadvantage in the workplace is Switzerland. The government of the canton of St. Gallen, however considers the proposed amendment in principle and appropriate to dispense but to an opinion, as the canton of St. Gallen in the opinion of the government is only indirectly affected by the changes. This attitude surprised and astonished. Attractive conditions are not the result of glossy brochures, but including a direct consequence of a liberal in relation to foreign labor law. This is particularly true for regions that do not benefit from the dynamism of the large metropolitan areas and depend in particular on high-performance mass smaller and medium-sized enterprises. The CCI St.Gallen-Appenzell expected that in future not only the Thurgau, St. Gallen but also the government shows courage and the Berne labor bureaucracy resisted.
Dr. Kurt Weigelt
Director CCI St.Gallen-Appenzell
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