Introductory Act to the Gender Equality Act (EG GlG) - Purpose

1. This law aims to achieve the equality of women and men.

1. The cantonal conciliation authority for discrimination disputes in working life is the conciliation authority pursuant to Article 11 of the Federal Act of March 24, 1995, on Gender Equality (GEA).

2. The conciliation authority consists of the conciliation commission and the secretariat.

1. Disputes related to discrimination arising from private and public employment relationships must be submitted to the conciliation body before being brought before judicial authorities.

2. A collective labor agreement may transfer the conciliation of disputes between employee associations and individual employers to bodies provided for in the agreement, excluding state conciliation bodies.

3. If discrimination is claimed only as an ancillary point, the recourse to the conciliation body is optional.

1. If, in accordance with Article 10 paragraph 1 of the Equality Act, a challenge to a dismissal is made and provisional reinstatement is requested under Article 10 paragraph 3 of the Equality Act, the request for provisional reinstatement must be submitted to the competent court before the expiration of the notice period.

2. The court communicates its decision to the conciliation body.

1. The Conciliation Body performs the tasks assigned to it by federal law by

a. advising the parties and

b. promoting an amicable settlement between the parties.

2. The parties may appoint the Conciliation Commission as an arbitral tribunal in discrimination disputes arising from private employment relationships.

3. The Conciliation Body fulfills additional tasks assigned to it by law and regulation.

1. The Arbitration Commission consists of the Chairperson, the Deputy Chairperson, and additional members.

2. In the Arbitration Commission, both genders, as well as employers and employees of the private and public sectors, are represented appropriately and equally.

3. The Chairperson, the Deputy Chairperson, and the members of the Arbitration Commission are elected by the Government Council.

4. The Government Council regulates the election requirements and procedures.

1. The Secretariat consists of the Chairperson of the Commission and other staff members.

2. The Secretariat keeps the minutes of the Conciliation Commission.

1. The proceedings shall be conducted in accordance with the provisions of the Swiss Civil Procedure Code.

1. The presiding person or their deputy conducts the proceedings.

1. The Conciliation Commission convenes in a panel of three and is summoned by the Secretariat.

1. The conciliation procedure in public-law employment relationships must be applied for in writing, stating the legal claims, at the conciliation body within 10 days of the delivery of the decision.

2. The application for initiating the conciliation procedure suspends the running of the appeal period until the conclusion of the conciliation procedure.

3. In the case of discrimination not based on a decision, the conciliation procedure can be applied for in writing, stating the legal claims, at the conciliation body as soon as a written statement from the superior office regarding the alleged discrimination is available or if such is not issued upon request within 30 days.

4. The procedure according to paragraph 3 must be applied for within 5 years of the alleged discrimination.

1. For the instruction, the procedural sequence, and the taking of evidence, the corresponding provisions of the procedure in private law employment relationships shall apply.

2. To the extent necessary to prove discrimination or non-discrimination, personal data of employees not involved in the procedure may be disclosed in the conciliation procedure.

1. Settlements, partial settlements, or the determination that no settlement has been reached, shall be recorded in the minutes and confirmed to the parties in writing.

2. Settlements and partial settlements shall be read to the parties and signed by them. They may also be delivered to the parties in writing with a ratification period or by registered mail with a period for rejection.

3. If no settlement has been reached, an appeal against the original order or decision can be filed with the Cantonal Court (Department of Constitutional and Administrative Law) or the issuance of an order can be requested within 10 days from the written determination that no settlement has been reached.

1. The settlement or partial settlement has the effect of a final judgment and must be confirmed by the issuance of an order by the initially responsible cantonal or municipal authority.

1. The Judicial Proceedings in Private Employment Relationships are Governed by the Provisions of the Swiss Civil Procedure Code.

1. To assist the Government Council in the implementation of gender equality between women and men, the Office for Equality has been established. It is subordinate to the Directorate of Finance and Church Affairs.

2. The Office for Equality between Women and Men is authorized to communicate directly with all authorities and administrative offices.

1. The Governing Council may appoint a Commission for the Equality of Women and Men.

1. The canton and municipalities are committed to eliminating any form of direct or indirect discrimination between women and men. To this end, they take appropriate measures.

2. They support measures to achieve equality between women and men in professional life, in particular

a. improving the compatibility of professional and family responsibilities;

b. enhancing the representation of genders across various careers, roles, and at leadership levels;

c. promoting internal and external vocational training and education;

d. encouraging work organizations and infrastructures that realize equality.

3. The specifics of the cantonal measures are defined by the Executive Council in the ordinance.

1. The Administrative Procedure Act of June 13, 1988, is amended as follows: ...

1. The Government Council decides on the commencement.