Employment Act (LEmp) - However [ 6, 9 ] (LEMP)

1. This Act forms part of a comprehensive policy aimed at creating framework conditions that promote employment and a balanced labor market.

2. Its objectives are to

a. strengthen collaboration between the State and social partners;

b. prevent and combat unemployment;

bbis. insure unemployment benefit recipients against loss of earnings in the event of incapacity to work due to illness or pregnancy;

c. encourage the professional integration of job seekers;

d. contribute to the protection of workers;

e. implement accompanying measures for the free movement of persons;

f. implement measures to combat undeclared work.

1. This Act governs and ensures the implementation within the canton of federal legislation and provisions relating to

a. employment services and temporary staffing;

b. compulsory unemployment insurance and insolvency compensation;

c. the procedure for collective redundancies;

d. worker protection;

e. the examination of admission to gainful employment for foreign nationals from states that are not parties to a bilateral agreement on the free movement of persons;

f. minimum working and salary conditions applicable to workers posted to Switzerland and accompanying measures to the free movement of persons;

g. the fight against undeclared work.

2. It institutes cantonal measures relating to

a. professional integration, in accordance with the integration income (hereinafter: II) provided for by the Vaud Social Action Act (hereinafter: VSAA) [R];

b. sickness loss of earnings insurance for recipients of unemployment benefits.

3. It provides for the possibility for the Council of State to sign agreements with third parties, particularly with social partners.

1. This Act applies to

a. job seekers and unemployed persons residing in the canton, as well as to workers engaged in regular or temporary activity within the canton;

b. companies or employers

- carrying out regular or temporary activity within the canton and/or

- having their domicile, registered office, a branch, or an establishment in the canton.

2. Special laws are reserved.

1. The designations of persons, titles, or functions contained in this law are to be understood as applicable equally to both men and women.

1. The department responsible for employment (hereinafter: the Department) [S], or, where applicable, the service responsible for employment (hereinafter: the Service), is the cantonal authority competent in matters of the labor market and employment policy. It exercises all the powers that are not expressly assigned to another authority.

1. A cantonal tripartite commission for employment is hereby established. It shall consist of nine members, namely

a. three representatives of employers' associations;

b. three representatives of trade unions;

c. three representatives of the State, including the head of the Department, who shall serve as President, and the head of the Service.

2. The Commission shall meet at least once a year. In addition, it shall meet at the request of three of its members or its President.

3. A regulation of the Council of State shall determine the organization and functioning of the Commission.

1. The Cantonal Tripartite Commission for Employment submits proposals to the State Council on all matters related to the labor market and employment policy, including

a. measures aimed at job creation;

b. unemployment management, as well as the support and reintegration of unemployed persons whose entitlement to benefits has expired;

c. worker protection;

d. the management of foreign labor;

e. accompanying measures for the free movement of persons;

f. the fight against undeclared work;

g. the fight against all forms of discrimination in the field of employment.

1. The Service manages databases for the entire canton, allowing it to efficiently perform the tasks incumbent upon it under this law.

2. The data protection legislation [T] is reserved. The implementing regulation [U] establishes rules regarding the creation, content, and conditions for using the databases.

1. The Service is the competent authority concerning private placement and service leasing according to the SEE [A].

1. The securities provided for in Article 14 LSE [A] are deposited with an institution subject to the Federal Act on Banks and Savings Banks, of November 8, 1934 [V], or an insurance institution, and which has its head office or a branch in the canton.

1. The Agency is the competent authority for implementing the public employment service pursuant to Articles 24 and following LSE [A].

1. The Service exercises the powers assigned to the cantonal authority in accordance with the LACI [B].

2. The powers of the regional employment offices (hereinafter: REO), the logistics of labor market measures, the cantonal unemployment fund, bodies affiliated with the Service, and the tripartite commissions are reserved.

1. The Service shall exercise the powers provided for by the LACI [B] that do not fall within the scope of the Regional Placement Offices (ORP), the logistics of labour market measures, and unemployment funds.

2. It shall also carry out the following tasks

a. manage and supervise the ORP;

b. coordinate and approve the actions of the ORP and establish the necessary directives. To this end, it may at any time request any necessary document or information;

c. ensure the selection, training, and professional development of ORP staff;

d. ensure the establishment of effective collaboration, particularly

- between the competent bodies for placement and unemployment insurance;

- with employer and employee associations, as well as with other professional and specialised organisations dealing with training, professional integration, and placement;

- with private placement agencies;

e. encourage and develop inter-institutional collaboration with services, offices, and private or public institutions, with the aim of promoting, through networking of expertise, the professional integration of job seekers;

f. collect and analyse information enabling the identification, definition, and evaluation of current and future needs of job seekers and businesses, for the purpose of adapting the cantonal employment policy to the structural and cyclical situation of the labour market.

1. The Regional Employment Centres (RECs) are available to individuals seeking employment and to companies wishing to hire staff.

2. They exercise the following competencies in accordance with the Unemployment Insurance Act (UIA) [B]

a. advise and place unemployed persons;

b. determine the suitability of proposed jobs;

c. decide on the granting of labour market measures;

d. verify the employability of unemployed persons and refer to the Service, for review and decision, cases where employability is not clearly established;

e. enforce the control provisions issued by the Federal Council;

f. suspend the exercise of the right to unemployment benefits in cases provided for in Article 30, paragraphs 2 and 4 UIA.

3. The RECs also carry out the following tasks

a. manage, within the canton, the registrations, changes, and cancellations of job seekers and vacant positions in the Confederation's electronic information system;

b. ensure the support of job seekers receiving social assistance (RI) and, in this context, make decisions sanctioning beneficiaries who fail to comply with their obligations, and grant cantonal professional integration measures within the meaning of Chapter III of this Title;

c. collaborate, within the framework of the application of social assistance, with the competent bodies defined in Article 5 of the Social Welfare Act (SWA) [R];

d. maintain regular contact with companies in the region;

e. register and endeavour to fill vacant positions reported to them;

f. work in close collaboration with regional bodies pursuing parallel objectives, particularly with private placement agencies bound by agreement with the Service.

1. The Council of State determines the number and the location of the ORP after consultation with recognized associations of Vaud municipalities and the concerned tripartite commissions.

2. The ORP staff are administratively attached to the Service. They are subject to the law on personnel (LPers-VD) [W], excluding articles 54, letter f), 62, and 63. Termination due to job elimination is governed by the CO [C].

3. The staff of the ORP of the municipality of Lausanne are employed by the said municipality. Articles 12 and 15 of the present law are reserved.

1. The logistics of labour market measures aim in particular to acquire, manage, and make available to the Regional Placement Offices (RPOs) an offer that is quantitatively and qualitatively in line with the needs of the labour market in terms of

a. labour market measures, as defined by the LACI [B];

b. cantonal professional integration measures, as defined in chapter 3 of this title.

1. The State of Vaud has an unemployment fund responsible for executing the tasks assigned to it pursuant to the LACI [B], as well as those entrusted to it by the present law.

2. The cantonal fund is exempt from the Finance Law (LFin) [X].

3. The management control, payment audits, and supervision are conducted in accordance with the LACI.

1. The regulation [U] establishes the number, composition, tasks, and operational procedures of the tripartite commissions provided for by the LACI [B].

2. The Council of State appoints the members of the tripartite commissions.

1. The Canton of Vaud manages a fund for combating unemployment.

2. The capital and income thereof are allocated, upon decision of the Council of State, to the financing and co-financing of

a. research projects related to the employment market or professional reintegration measures organized by the canton;

b. specific measures in favour of certain categories of unemployed persons, particularly those whose entitlement to benefits has expired;

c. inter-institutional collaboration projects to promote the reintegration of job seekers;

d. damages caused by the enforcement authorities of the LACI [B] and charged to the canton;

e. any project or object related to the labour market.

1. The fund is notably financed by

a. a potential payment from the State;

b. the interest on the capital;

c. gifts and bequests.

1. Sickness Loss of Earnings Insurance for Unemployment Benefit Recipients (hereinafter: SLEI) aims to provide supplementary benefits to unemployed individuals who are temporarily unable to work, either totally or partially, due to illness or pregnancy, and who have exhausted their right to unemployment benefits, in accordance with Article 28 LACI [B].

1. The Service is the competent authority responsible for managing and granting the benefits provided by this insurance.

1. Unemployed individuals who meet the conditions of Article 8 LACI [B] and who are compensated by an unemployment fund active in the canton are obligatorily insured.

2. However, unemployed individuals may be exempted from the insurance obligation, upon request, if, at the time of their registration for unemployment insurance, they already have loss of earnings insurance in case of illness, provided that the benefits offered are at least equivalent to those offered by the APGM.

1. The APGM takes effect on the day the insured's reference period for compensation begins.

2. The APGM ceases to take effect

a. at the end of the insured's reference period for compensation;

b. when the insured leaves the unemployment insurance scheme before the end of their reference period for compensation. The exhaustion of the right to unemployment benefits is considered such a departure;

c. when the insured has exhausted their right to APGM benefits.

1. An insured person may apply for APGM benefits who, cumulatively

a. is in temporary work incapacity, total or partial, within the meaning of Article 28 LACI [B];

b. has fulfilled the control obligations provided by the LACI for at least one month before applying for APGM benefits;

c. resides at their place of domicile. The Council of State may provide exceptions to this requirement when the particular situation of the insured person justifies it.

1. The amount of benefits, after the payment of APGM contributions, is equivalent to the net amount of unemployment benefits that would be paid to the insured if they were not partially or fully incapable of working.

2. In the case of interim earnings, the benefits are equivalent to the unemployment benefits the insured could claim if they were not receiving interim earnings, after deducting any potential benefits owed by the employer or by a loss of earnings insurance.

1. The insured person who is unable to work is informed in writing by their unemployment fund of their right to receive benefits from the APGM.

2. Upon receipt of the information provided in paragraph 1, they have a period of 30 days to submit their benefits application to the Service. In the event of an unjustified delay, the commencement of their right to benefits is postponed accordingly.

1. A waiting period of 5 working days during which the incapacity to work does not entitle to benefits is observed for each claim.

2. There is no new waiting period in case of a relapse of the same illness within 12 months.

3. If the insured has been receiving benefits for more than 20 consecutive calendar days within the meaning of Article 28 LACI [B] at the time of claiming their right to APGM, the waiting period is not applicable.

4. Benefits are then paid within the time limits provided for in Article 19d, paragraph 2, up to a maximum of

a. 270 working days if the insured is entitled to 400 or 520 unemployment benefits;

b. 170 working days if the insured is entitled to 260 unemployment benefits;

c. 130 working days if the insured is entitled to 200 unemployment benefits;

d. 60 working days if the insured is entitled to 90 unemployment benefits.

5. Days of partial incapacity to work count as full days, both for the calculation of the waiting period and for the duration of benefit payments.

1. Benefits are paid at the end of the work incapacity in question, but at least once a month.

2. Each payment is subject to a statement. A decision is rendered

a. if the the insured person makes a written request no later than 90 days following the notification of the statement in question;

b. in case of refusal of all or part of the benefits.

3. Benefits are not paid during waiting periods (Art. 18 LACI [B]) or periods of suspension of unemployment benefits (Art. 30 LACI).

1. The insured person asserting their right to benefits is required to provide, free of charge, all necessary information to establish this right and determine the benefits due.

2. They are specifically obliged to authorize, in particular cases, all individuals or institutions, including employers, doctors, insurers, and official bodies, to provide information, as long as it is necessary to establish the right to benefits.

3. They must prove their inability to work by producing a medical certificate. The Service may, at any time and at the expense of the APGM, order a medical examination by a consulting physician.

4. If the insured person refuses to cooperate to the extent provided in paragraphs 1 to 3, the Service may make a decision based on the file as it stands. Prior to this, the Service must send the insured person a written notice warning them of the consequences of their refusal and granting them a reasonable period for reflection.

1. The insured must undertake all actions that can reasonably be required to reduce the duration and extent of the incapacity for work.

2. If the insured fails to fulfill the obligations set forth in paragraph 1, the Service may refuse or reduce the benefits. Prior to this, a written notice must be sent to the insured warning of these consequences and granting a reasonable reflection period.

1. The benefits and operations of the APGM are financed by the contributions of the insured.

1. The loss of earnings insurance contribution is levied by

a. unemployment funds, by means of a deduction from the amount of unemployment benefits paid to insured persons. The unemployment funds then transfer these amounts back to the Service, according to terms set by the Council of State;

b. the Service, by means of a deduction from the amount of benefits paid under the APGM.

2. The Council of State sets the contribution rate in such a way as to ensure the financial balance of the APGM.

1. A fund is established in the State's balance sheet with the purpose of financing benefits as well as the administrative expenses of the APGM.

2. The State Council defines which administrative expenses are taken into account and how they are calculated.

3. The fund does not possess legal personality but maintains its own accounting.

4. The Service supplies the fund by transferring the contributions collected by the unemployment funds and by itself, as well as the benefits reimbursed in accordance with Articles 19q and 19r; it withdraws the necessary amounts to pay the benefits and the administrative expenses of the APGM.

1. If the means provided in Article 19m are insufficient to cover the expenses of the APGM, the State shall grant the necessary treasury advances. It shall do the same for financing the project's launch costs.

2. If, at the end of a fiscal year, the fund's debt reaches or exceeds 10% of the total collected contributions, the Council of State must increase the contribution rate within one year.

3. If, at the end of a fiscal year, the fund's equity capital reaches or exceeds 20% of the total collected contributions, the Council of State must decrease the contribution rate within one year.

1. Provided no overriding private interest dictates otherwise, the competent authority may communicate data to

a. unemployment insurance enforcement authorities;

b. criminal investigation authorities, when it concerns reporting or preventing a crime.

2. In specific cases, and upon written and reasoned request, the competent authority may communicate data to

a. social insurance enforcement authorities and competent social assistance authorities if the information is necessary to determine or modify benefits, demand their restitution, or prevent undue payments;

b. civil courts, when necessary for them to settle a dispute falling under family law or inheritance law;

c. criminal courts and criminal investigation bodies, when necessary to establish facts in cases of crime or misdemeanor;

d. debt collection offices in application of the Federal Act on Debt Enforcement and Bankruptcy (DEBA) [Y];

e. tax authorities, when necessary for them to apply tax laws.

3. Data necessary for combating undeclared work may be communicated in accordance with Articles 11 and 12 of the Federal Act on Undeclared Work (UWA) [Z].

1. Benefits from the APGM are subsidiary to those paid to the insured person by other social or private insurance schemes or by employers to cover a reduction in their earning capacity during the period concerned (third-party benefits). The insured person who receives third-party benefits must inform the Service immediately.

2. The amount of third-party benefits paid to the insured person is deducted from the amount of APGM benefits to which they are entitled for the period concerned. If the insured person receives APGM benefits and their entitlement to third-party benefits for the same period is established subsequently, the portion of APGM benefits that corresponds to over-indemnification must be repaid.

3. Benefits that must be repaid under paragraph 2 are considered advances from the APGM on the third-party benefits received by the insured person. To obtain their reimbursement, the Service may

a. claim their repayment from the insured person. Article 19r is applicable;

b. request the social or private insurance schemes or the employers concerned to pay directly to it the benefits they owe to the insured person, up to the amount of the advances made by the APGM on these benefits, with the State then being subrogated to the rights of the insured person against these bodies for that amount.

1. The Service requires the repayment of benefits unduly received.

2. However, it waives the requirement for repayment when the beneficiary was in good faith and repayment would put them in a financially difficult situation.

3. The Service may offset the benefits owed by the APGM to the insured with the repayment claims it holds against the latter.

4. Article 25, paragraph 2 of the Federal Act on the General Part of Social Insurance Law (LPGA) [AA] applies by analogy.

1. Decisions made under the present chapter are directly enforceable. Complaints and appeals do not have a suspensive effect.

1. The department responsible for social assistance and the Service are respectively competent for the social and professional integration of RI beneficiaries.

1. The Service is responsible for the professional integration of RI recipients.

2. It organizes

a. the support of job seekers eligible for placement and receiving RI, for all employment-related matters in accordance with Chapters 1 and 2 of this title;

b. cantonal professional integration measures.

1. The department responsible for social assistance and the Service coordinate their actions in the area of social and professional integration within their respective domains.

2. They organize the collaboration between the implementing bodies.

1. For the purpose of determining entitlement to Social Integration Income (RI) and integration measures, and to ensure the follow-up of beneficiaries, the department responsible for social assistance [S] and the Service, as well as the implementing bodies, shall notably transmit to each other

a. the beneficiary's identification data;

b. data relating to the RI;

c. the conclusions of the professional assessment, the social assessment, and the integration strategy;

d. data relating to professional and social integration measures;

e. data relating to sanctions.

1. Job seekers benefiting from Social Assistance (RI) must, with the assistance of their Regional Placement Office (ORP), make every effort to facilitate their return to employment. In their capacity as job seekers, they are subject to the same duties as job seekers supported by the Unemployment Insurance Act (LACI) [B].

2. In particular, they are responsible for conducting job searches and providing proof thereof. They are obliged to accept any suitable employment offered to them and, when instructed by the ORP, they have the obligation to

a. participate in the professional integration measures granted to them;

b. participate in counseling and control interviews, as well as information meetings;

c. provide information and documents enabling an assessment of their suitability for placement or the suitability of the proposed work.

1. Non-compliance by beneficiaries with their duties as part of their engagement with the ORP is sanctioned by a reduction in financial benefits within the meaning of the LASV [R].

1. Administrative sanctions pursuant to Article 23b are directly enforceable. Appeals do not have a suspensive effect.

1. Cantonal employment integration measures aim to improve the employability of job seekers and facilitate their return to work through qualifying activities that support the realization of a realistic professional project.

2. They are granted according to the same criteria as the labor market measures provided for by the LACI [B].

1. Unemployed individuals who meet the following criteria may benefit from cantonal professional integration measures

a. are Swiss nationals or foreign nationals holding a residence permit allowing them to exercise gainful employment;

b. are domiciled in the canton;

c. are not or are no longer entitled to unemployment benefits under the LACI [B];

d. are recipients of social assistance (RI) (Art. 27 et seq. LASV [R]);

e. are registered with a Regional Employment Office (ORP);

f. cannot be assigned to suitable employment;

g. are employable;

h. comply with the control regulations of the regional employment offices.

2. Specific conditions related to each measure remain reserved.

3. The regulations may provide for the granting of professional integration measures to individuals who do not receive financial assistance from social assistance (RI), when the interest of these individuals and their rapid integration so require.

1. The following are considered **cantonal professional integration measures**

a. cantonal professional internships;

b. cantonal work initiation allowances;

c. cantonal training benefits;

d. support for self-employment;

e. ...

f. integration programs.

2. The State Council may, as a pilot project, implement other measures designed to promote the professional integration of job seekers.

1. The Service organizes cantonal professional internships. This measure consists of a fixed-term employment within a private or public company. The regulations establish the terms for the financial participation of the company hosting the intern.

2. Cantonal professional internships are subject to a paid employment contract between the intern and the company, with a maximum duration of 6 months, non-renewable within a period of 2 years.

1. Cantonal job initiation allowances may be granted to a jobseeker whose placement is difficult, and when, at the end of a familiarization period, they can anticipate employment under the usual conditions in the industry and region.

2. During this period, the jobseeker is familiarized by the employer and, as a result, receives a reduced wage.

3. The jobseeker submits the allowance application to the competent authority before the commencement of employment.

1. Cantonal Work Initiation Allowances cover the difference between the actual salary and the normal salary that the worker may claim upon completion of their orientation. The regulation sets the terms relating to financing.

2. Allowances are paid for a maximum of six months.

3. Allowances are disbursed through the employer, as a supplement to the agreed salary. The employer must pay the usual contributions to social insurance on the total salary and deduct the worker's share.

1. Cantonal training benefits include

a. courses provided by institutes approved by the Service;

b. internships in the canton's training companies;

c. measures aimed at clarifying professional aptitudes.

2. Cantonal training benefits include covering essential costs related to tuition and course materials. Costs are reimbursed directly to the institute.

1. Jobseekers who wish to create a business can benefit from support for starting self-employment through

a. adequate training;

b. ...;

c. follow-up by the Regional Employment Office (ORP).

1. …

2. The Service implements integration programs that meet the following characteristics

a. they are established by public or private non-profit institutions;

b. they must not compete with the private economy;

c. ...

d. ...

e. ...

f. ...

g. they consist of activities that approximate a work situation;

h. they must include practical and/or theoretical training.

3. The duration of the integration programs is determined according to the reintegration strategy and the achievement of the objectives pursued.

1. The violation of obligations related to the granting of cantonal professional integration measures mentioned in Article 26, paragraph 1, letters a and b, may result in their termination and the repayment of improperly received sums, with interest and costs. Article 41 of the LASV [R] remains reserved.

2. The competent authority claims, by means of a decision, from the beneficiary or from their estate, the reimbursement of all benefits improperly received.

3. The decision that has come into force is considered an enforceable judgment within the meaning of Article 80 of the Federal Debt Enforcement and Bankruptcy Law (LP) [Y].

1. The good faith beneficiary is obligated to restitution, in whole or in part, only to the extent that this does not place them in a difficult situation.

1. The right to demand restitution is subject to a statute of limitations of 5 years from the day the competent authority became aware that the benefits were erroneously paid. However, in any case, the statute of limitations is satisfied after 20 years from the day the last benefit was paid.

1. The effects of implementing the professional integration measures of this chapter are evaluated periodically.

2. The cantonal service responsible for research and statistical information is tasked, in collaboration with the Service, with defining, processing, and analyzing the data collected by the organizations responsible for the application of this chapter with regard to the individuals concerned.

1. Cantonal professional integration measures referred to in Article 26, paragraph 1, letters c, d, and f are allocated through subsidies.

2. Subsidies are granted in the form of financial contributions. They are awarded based on a decision or agreement that sets forth the obligations and conditions to which the subsidy is subject. The subsidy is granted for a maximum duration of five years. It may be renewed.

3. The State Council establishes the modalities for granting subsidies in a regulation.

4. Only expenses proven and recognized as indispensable by the Service for organizing the cantonal professional integration measures referred to in paragraph 1 may be subject to a subsidy.

5. The Service is the competent authority for monitoring and controlling the subsidies it grants. It ensures that the granted subsidies are used in accordance with the intended allocation and that the conditions and obligations to which they are subjected are respected by the subsidy recipient. For this purpose, the Service may request any useful document.

6. At the close of the fiscal year, the subsidized organization presents a final account of the expenses incurred by the implementation of the measure during the past year to the Service. Furthermore, the subsidy beneficiary is subject to the obligation to provide information in accordance with Article 19 of the Subsidies Act (hereinafter: LSubv) [AB].

7. The Service requests the repayment of amounts that have been overpaid under the cantonal professional integration measures referred to in paragraph 1.

8. The Service cancels or reduces the subsidy or demands its total or partial repayment under the conditions of Articles 29 to 31 LSubv.

1. The financial contribution of the canton as provided by the LACI [B] and the expenses and revenues incurred under Chapter 3 of the present law are distributed between the canton and the municipalities according to the principles established in the Law on the Organization and Financing of Social Policy (LOF) [AC].

1. The Service may carry out the necessary inspections to verify the quality of the measures organized and compliance with legal and contractual requirements.

1. Employers report layoffs and business closures to the Service, in accordance with the LSE [A] and its implementing ordinance [AD].

2. The Service promptly informs the Tripartite Cantonal Employment Commission of closures or layoffs as defined in this article.

1. The Service is the competent authority regarding collective dismissals within the meaning of Articles 335d et seq. CO [Swiss Code of Obligations]. In this capacity, it particularly ensures compliance with the consultation procedure and offers its good offices to the parties involved, notably by attempting to find solutions to the issues posed by collective dismissals.

1. The Service is the cantonal authority responsible for worker protection. It exercises the competencies mentioned below.

1. The Labor Inspection of the municipality of Lausanne is responsible for executing within its territory all the tasks assigned to the Service based on sections 2 to 6 of this chapter.

2. The Service ensures the supervision of the aforementioned inspection's activities. Within the scope of delegated competencies, it ensures cantonal harmonization in the application of tasks as well as the extent of inspections, and it issues directives for this purpose.

3. Upon request and against reimbursement of expenses, the Service may fully or partially assume certain tasks assigned to the said inspection if it is unable to fulfill them due to a lack of personnel, training, or infrastructure.

4. The funding of activities is the responsibility of the municipality. For these activities, the municipality is analogously subject to the obligations incumbent upon the canton pursuant to articles 79 and 80 of Ordinance 1 related to the Labor Act [D].

5. The municipal authority annually submits a report of activities to the Service.

1. The Service is the authority responsible for the execution of the LTr [D] and its implementing ordinances.

2. In this capacity, it is particularly authorized to carry out control, advisory, and information tasks, notably in the following areas

- health protection;

- approval of plans and operating permits;

- working and rest hours;

- protective provisions relating in particular to young workers, pregnant women and nursing mothers, as well as workers with family responsibilities;

- company regulations.

3. It may prescribe all health protection measures that experience has shown to be necessary, that the state of the art allows to be applied, and that are adapted to the operating conditions of the company.

1. Public holidays equivalent to Sundays within the meaning of the Labor Act [LTr] are: New Year's Day, January 2nd, Good Friday, Easter Monday, Ascension Day, Whit Monday, August 1st, Federal Day of Thanksgiving, and Christmas.

2. Collective labor agreements and standard employment contracts may introduce additional leave days to the aforementioned public holidays.

1. Any construction, modification, or expansion of an industrial enterprise or a non-industrial enterprise assimilated within the meaning of the Labor Act [D] must be subject to prior approval of the plans according to the procedure provided by Ordinance 4 relating to the Labor Act [AE].

2. Other enterprises employing at least one worker have the option to have their plans reviewed by the Service to ensure compliance.

1. The Service grants the operating authorization to industrial or non-industrial companies akin to the meaning of the LTr [D] when the construction, transformation, or expansion complies with federal and cantonal regulations. The application for an operating authorization is submitted to it through the employer.

2. It may, at the request of a municipality or if deemed necessary due to circumstances, issue a certificate of compliance for the premises to other businesses employing at least one worker.

1. The Service monitors the application of regulations on workplace safety within enterprises and regarding work equipment (Art. 81 et seq. of the Federal Accident Insurance Act of March 20, 1981 [E] and its implementing orders [AF]), particularly in the context of consulting occupational health physicians and other workplace safety specialists, unless another enforcement body, as defined under Articles 48 et seq. of the Ordinance on Accident Prevention (hereinafter: OPA) [AG], is competent.

2. It may prescribe all occupational accident prevention measures which experience has demonstrated as necessary, which current technology allows to be applied, and that are adapted to the given conditions.

1. The Service participates in the implementation of the LSIT [F] and its implementing order [AH].

2. In this capacity, it ensures that employers use installations and technical equipment that comply with safety standards.

1. Within the scope of the activities assigned to it under Articles 46 and 51 of this law, the Service is the competent authority regarding administrative enforcement measures pursuant to Articles 52 LTr [D] and 86 LAA [E].

2. The Department alone is competent to order the closure of a business for a specified period pursuant to Article 52, paragraph 2 LTr and Article 86, paragraph 2 LAA.

3. The authorities mentioned in the preceding paragraphs may request police intervention.

**1.** The Service coordinates the enforcement measures of the laws and ordinances referred to in Sections 2 to 4 of this chapter with the policing requirements that fall under the jurisdiction of other departments, institutions, or authorities (Art. 71 letter c LTr [D] and Art. 104 OPA [AG]), and may request their intervention in the exercise of its duties. In particular, the Vaud law on spatial planning and construction (LATC) [AI] and its implementing regulation (RATC) [AJ] are reserved.

**2.** Within the scope of its enforcement powers, the Service collaborates with the Federal Coordination Commission for Occupational Safety (CFST), the State Secretariat for Economic Affairs (seco), and the Swiss National Accident Insurance Fund (suva), and may request the cooperation of any other institution recognized in the field of health protection, worker safety, and occupational medicine.

1. Any employer who employs and houses staff must provide premises that comply with legal and regulatory requirements, particularly in terms of hygiene, sanitation, safety, fire prevention, and building construction.

2. Regulation [U] specifies various standards to be followed in this regard.

1. Any arrangement, construction, or modification of premises to house personnel by the employers must be authorized by the Service.

2. The Service is competent to approve the construction plans for premises serving as staff accommodation by employers, after consultation with the department in charge of economy, housing, and tourism. It requires the prior opinion of the Cantonal Laboratory for licensed canteens and dining halls regarding hygiene-related aspects.

1. The Department conducts inspections of staff housing to verify their compliance with legal and regulatory provisions.

1. The Service is the cantonal enforcement authority for the LTrD [I] and its implementing ordinance [AK].

2. It is also the competent authority responsible for executing the activities assigned to it under the federal decree aimed at promoting home work [J] and its implementing ordinance [AL].

1. The Service is the cantonal authority responsible for overseeing the enforcement of ordinances related to the working and rest periods of professional motor vehicle drivers (OTR1 [G] and OTR2 [H]) within companies.

2. The Vaud Road Traffic Act (LVCR) [AM] and its implementing ordinance (RLVCR) [AN] are reserved.

1. The contracting parties shall submit to the Service, free of charge, within 30 days following their signing, all collective labor agreements and all applicable amendments in the canton.

1. Subject to federal approval, the Council of State is the competent authority for

a. pronouncing the extension of the scope of application of the collective labour agreement;

b. determining the scope of application with regard to territory, profession, and enterprises, as well as the effective date and duration of validity;

c. pronouncing modifications to extended clauses and the extension of new clauses;

d. extending, reinstating, or repealing extension decisions;

e. publishing the decision in the canton's official gazette.

2. For all other matters, the Service is the competent authority to apply the procedure set forth by the LECCT [K], including Articles 5, paragraph 2, and 6 of the said law.

1. The Council of State is the competent authority to establish, modify, or repeal model employment contracts, as well as to publish the decision in the official gazette of the canton.

2. Furthermore, the Service is the competent authority for applying the procedure set forth by Articles 359 et seq. of the Swiss Code of Obligations (CO).

3. The Service also ensures the enforcement of controls aimed at compliance with the conditions of the model employment contracts.

1. The Service is the labour market authority within the meaning of the LEtr [AO]. In this capacity, it is notably competent for

a. issuing preliminary opinions or making decisions, after examining applications submitted by companies or foreign workers, on the granting of an authorization to engage in gainful employment, whether salaried or self-employed, as well as changes of employment or canton;

b. verifying the conformity of employment conditions stipulated in employment contracts submitted in support of applications, with regard to the standards of collective labour agreements, standard employment contracts, and professional and local practices, as well as the principle of priority for resident labour;

c. deciding whether an activity should be considered as gainful.

1. The Service participates in the execution of the Ordinance on the progressive introduction of the free movement of persons between the Swiss Confederation and the European Community and its Member States, as well as the Member States of the European Free Trade Association (OLCP) [M]. In this capacity, it is responsible for

a. examining applications for permits exceeding 90 days submitted by service providers. To this end, it verifies their compliance with the principles of domestic priority and respect for professional and local customs and renders the necessary decisions;

b. applying the transitional measures provided for citizens of the European Union who wish to obtain authorization to engage in a gainful activity in the canton;

c. receiving and processing notifications of engagement in an activity limited to three months per calendar year.

1. The canton implements the accompanying measures as provided by the Posted Workers Act (LDET) [N], Articles 360a to 360f of the Swiss Code of Obligations (CO) [C], and Articles 1a, 2, section 3bis, 6, and 20, paragraph 2 of the Law on Employment Conditions and the Control of the Labor Market (LECCT) [K].

1. A cantonal tripartite commission is established in accordance with Article 360b, paragraph 1 of the Swiss Code of Obligations (CO).

2. The State Council determines the composition, duties, and operational procedures of the cantonal tripartite commission in a regulation.

1. The Council of State and the Service are the competent authorities within the meaning of Articles 1a LECCT [K] and 360a, paragraph 1 CO [C]. As such, they perform the tasks assigned to them pursuant to Articles 62 and 63 of this law.

1. The Department is the competent authority within the meaning of Article 360b, paragraph 5 CO [C].

1. The Service is the competent authority within the meaning of Article 7, paragraph 1, letter d) of the LDET [N].

2. It is responsible for receiving notices of posted work and transmits the related documents and information to the joint commissions established or to the social partners involved in an extended collective labor agreement.

2. The Service is the competent cantonal supervisory body within the meaning of the LTN [Z].

1. Inspections are conducted in accordance with the LTN [Z].

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4. If the specifics of the case require it, external expert services may be utilized.

1. The fees provided for by the LTN [Z] and its implementing ordinance [AP], including the fees of external experts, are charged to the infringing natural or legal persons by way of a decision.

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2. The administrative or judicial authorities, which impose sanctions or administrative measures according to the provisions applicable to the relevant area, shall inform the Service of their final decisions and judgments.

1. The Council of State collaborates with social partners or other entities wishing to contribute to a better balance and control of the labor market. It may enter into agreements with them.

2. The agreement specifically determines the scope of the controls and the competencies of the signatory parties, as well as the method of financing. It provides for the establishment of a supervisory commission, along with the tasks assigned to it.

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1. Decisions made by the ORP under the provisions of the LACI [B] may be subject to opposition with the Service.

2. Decisions made by the Service under the provisions of the LAA [E] may be subject to opposition.

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1. Decisions rendered pursuant to Title II, Chapter IIa of this law may be subject to a complaint with the Service.

1. Decisions made under Title II, Chapter 3, of this law may be appealed to the Agency.

2. Decisions made under Title III, Chapter 1, Article 46 of the law may be appealed to the Department.

3. The Administrative Procedure Act [AQ] is applicable.

1. The law on administrative procedure [AQ] applies to decisions rendered pursuant to the LSE [A], LTr [AR], LTrD [I], LTN [Z], LEtr [AO], and the applicable federal provisions concerning accompanying measures (art. 67), to the appeals procedure before the Service under Title II, Chapter 3, as well as to appeals against said decisions.

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1. Offenses against the provisions of this law relating to APGM (sickness loss of earnings insurance for unemployment benefits recipients), RI (Integration Income - Professional Integration), and housing are subject to a fine of up to twenty thousand francs. They are punished in accordance with the law on contraventions (LContr) [AS].

2. The sanctions provided by specific legislations remain reserved.

1. The following are repealed

a. the Act of 25 September 1996 on employment and aid for the unemployed;

b. the Act of 29 November 1967 implementing federal labor legislation.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the Cantonal Constitution and shall determine, by way of decree, the date of its entry into force.