Source: Dispatch on the Approval of Bilateral III, Chapter 2.3 (pp. 326--339, 342--344)
PDF Link | Federal Gazette 2025-0749
Wage protection comprises 14 concrete measures in four categories, implementing the principle "equal pay for equal work at the same location". The revision of the Posted Workers Act (PWA), the expenses regulation, CLA certificates in public procurement and the strengthening of social partnership constitute the core elements.
| Category | Measures | Objective |
|---|---|---|
| 1. Compensatory measures | Notification procedure, controls, advance notification period | Compensation for shortened advance notification period |
| 2. Service bans | Bans in case of violations | Deterrence against wage dumping |
| 3. Expenses regulation | Art. 327a CO, equal treatment | Prevention of cost dumping |
| 4. Social partnership | Strengthening in the workplace, dismissal protection | Structural safeguarding of wage protection |
The revision of the Posted Workers Act is the central legislative instrument:
| Aspect | Previous | New |
|---|---|---|
| Period | 8 calendar days | 4 working days |
| Justification | EU requirement: proportionality | Compromise: shorter but still effective |
| Compensation | -- | Strengthened controls, digital instruments |
The principle "equal pay for equal work at the same location" is complemented by the expenses regulation:
| Element | Regulation |
|---|---|
| Accommodation | Swiss market level |
| Meals | Swiss rates |
| Travel costs | Actual costs |
| Documentation | Burden of proof on employer |
The new regulation primarily concerns the construction sector:
Measure 14 is the most comprehensive individual element of the wage protection package:
| Aspect | Regulation |
|---|---|
| Scope | Companies with 50 or more employees |
| Protection scope | Enhanced dismissal protection for elected representatives |
| Sanctions | Up to 10 months' salary compensation for unjustified dismissal |
| Right to hearing | Maximum 2 months for hearing before dismissal |
| Current | New |
|---|---|
| 6 months' salary maximum compensation | 10 months' salary maximum compensation |
| No specific hearing obligation | 2 months hearing before dismissal |
| General dismissal protection | Enhanced protection for employee representatives |
The declaration of general applicability (extension) of collective labour agreements is facilitated:
The non-regression clause safeguards the Swiss level of wage protection:
| No. | Measure | Category |
|---|---|---|
| 1 | Advance notification period 4 working days | Compensatory |
| 2 | Security deposit limited to repeat offences | Compensatory |
| 3 | Strengthened controls | Compensatory |
| 4 | Digital control instruments | Compensatory |
| 5 | Service ban for serious violations | Ban |
| 6 | Public register of banned companies | Ban |
| 7 | Expenses regulation Art. 327a CO | Expenses |
| 8 | Clear wage-expenses distinction | Expenses |
| 9 | CLA certificates (public procurement) | Social partnership |
| 10 | KBOB recommendations (construction sector) | Social partnership |
| 11 | Dismissal protection for employee representatives | Social partnership |
| 12 | Right to hearing 2 months | Social partnership |
| 13 | Enhanced sanctions (10 months' salary) | Social partnership |
| 14 | Facilitation of extension (special majority) | Social partnership |
| Topic | Key Message |
|---|---|
| Principle | Equal pay for equal work at the same location |
| Measures | 14 concrete measures in 4 categories |
| PWA | Advance notification 4 days, deposit for repeat offences, ban |
| Expenses | Art. 327a CO, Swiss standards |
| CLA | Certificates in public procurement |
| Measure 14 | Dismissal protection, 10 months' salary, companies 50+ |
| Extension | Special majority for renewal |
| Non-regression | Swiss level safeguarded against regression |