Ordinance on the Federal Act of 28 September 1956 on the Declaration of General Binding Character of Collective Employment Agreements

1. The Department of Public and Agricultural Affairs, in conjunction with the Office for Economic Affairs and Labor, ensures the proper fulfillment of the duties assigned to the cantonal authorities in connection with the declaration of general applicability of collective labor agreements.

1. Responsibilities of the Office for Economy and Labor include, in particular

1. * the publication of requests for declarations of general applicability pursuant to Art. 9 para. 1 of the Employment and Labor Act, setting the objection period in agreement with the Department of Construction and Economy;

2. obtaining the statements of the contracting parties regarding objections (Art. 10 para. 2 of the Act);

3. the publication of the declaration of general applicability and the cessation of general applicability in accordance with Art. 14 of the Act;

4. the execution of cost orders (Art. 6 and 15 of the Act).

1. The Department of Construction and Economic Affairs is assigned the following special functions

1. Appraisal of all questions falling within the competence of the Government Council, insofar as they do not pertain to appeals;

2. Receipt of applications for declarations of general applicability and setting deadlines for supplementing the submissions (Art. 8 BG);

3. Possible engagement of an independent expert pursuant to Art. 11 BG;

4. Issuance of cost orders in accordance with Art. 15 BG.

2. The Department of Construction and Economic Affairs is entitled to make the appointment of independent supervisory bodies (Art. 6 BG) and the conduct of the procedure for declarations of general applicability (Art. 15 BG) conditional upon the provision of sufficient advance payment of costs.

1. The Executive Council decides on

1. the declaration of general applicability (Art. 7 BG);

2. the scope of general applicability, should doubts arise about it subsequently (Art. 12 para. 4 BG);

3. the possible appointment of an expert committee to assess the applications for a declaration of general applicability (Art. 11 BG);

4. the total or partial suspension of general applicability (Art. 17 and 18 BG);

5. the designation of the supervisory authority, if provisions concerning the compensation fund or other institutions as referred to in Art. 323ter para. 1 lit. b of the Code of Obligations[3] are declared generally applicable (Art. 5 para. 2 BG);

1. Orders from the Department of Construction and Economic Affairs can be appealed to the Government Council within 20 days. The Government Council's appeal decisions and orders can be contested by filing a complaint with the Higher Court.

1. This Ordinance shall enter into force upon its enactment by the Cantonal Council.