Ordinance of August 21, 2019, on the Verification of Equal Pay Analysis (salaries)

This ordinance regulates: a. the training of individuals who conduct the audit and perform the verification of the equal pay analysis as per Art. 13 e LEg; b. the verification of the equal pay analysis within the central federal administration, the Parliamentary Services, the federal courts, the Federal Public Prosecutor's Office, units of the decentralized federal administration, and entities affiliated with the Confederation, provided that their personnel's employment relationships are governed by public law.

The individuals who conduct the audit are licensed auditors as defined by Arts. 4 and 5 of the Act of December 16, 2005, on Audit Oversight, who have completed a training course pursuant to Art. 4 and verify equal pay analyses at the request of employers.

Individuals who lead the review and verify the analyses of wage equality at the request of employers must attend a special training course.

The training ensures that the verification of wage equality analyses adheres to minimum quality standards and that employers required to verify their analysis are, in principle, treated equally.

The training specifically addresses the following areas: a. the legal foundations in the field of pay equality; b. the scientific bases related to the statistical analysis of pay equality and the analytical evaluation of gender-neutral work; c. the verification of pay equality analyses.

The Federal Office for Gender Equality (FOGE) provides a guide on the formal verification of pay equality analyses carried out using the standard analysis tool (Art. 13 c, para. 2, Gender Equality Act).

The FESO may organize training courses itself or recognize training courses from third parties if they meet the requirements set forth in Art. 3, para. 1.

The Federal Office for Gender Equality (FOGE) charges fees for its training courses or the recognition of third-party training courses.

The provisions of the General Ordinance of September 8, 2004, on Fees are applicable.

The individuals conducting the review certify to employers that they have completed a training course in accordance with Art. 4.

The individuals conducting the revision perform the formal verification of the analysis of equal pay. They receive from employers subject to the Code of Obligations all the documents and information they need to fulfill their task.

They verify whether there are facts indicating that the analysis of equal pay does not meet the following requirements: a. the equal pay analysis has been conducted within the time frame prescribed by law; b. there is evidence that the equal pay analysis has been performed according to a scientific and legally compliant method; c. all employees have been included in the analysis; d. all pay elements have been included in the analysis; e. all necessary data, including personal and job-related characteristics, have been included in the analysis.

The proof that the analysis has been conducted according to a scientific and legally compliant method must include complete and transparent documentation about the method used; its scientific quality and legal compliance must be validated by an independent body. The Federal Office for Gender Equality provides a declaration of conformity when the standard analysis tool of the Confederation has been used.

The individuals conducting the revision prepare a report on the execution of the equal pay analysis for the management of the audited company within one year after the analysis has been conducted.

The verification of the equal pay analysis in federal offices, departments, the Federal Chancellery, and throughout the entire central federal administration is coordinated by the Federal Office of Personnel (FOPER).

FOPER entrusts an approved auditing firm with the verification as per Art. 13 d, para. 1, of the Gender Equality Act.

The individuals leading the audit verify that the equal pay analysis in accordance with Art. 7, para. 2, has been conducted correctly in formal terms and submit a report to FOPER within one year after the analysis has been conducted.

FOPER communicates the detailed results of the equal pay analysis and its verification to social partners and then publishes these results.

Parliamentary Services, federal courts, the Office of the Attorney General of Switzerland, decentralized federal administration units, and Confederation-linked enterprises shall mandate an accredited auditing company to verify their analysis of pay equity as per Art. 13d, para. 1, of the Gender Equality Act (LEg).

The individuals conducting the audit shall ensure that the pay equity analysis referred to in Art. 7, para. 2, has been carried out correctly in a formal manner and shall submit a report to the employer within one year after the analysis has been conducted.

Parliamentary Services, federal courts, the Office of the Attorney General of Switzerland, decentralized federal administration units, and Confederation-linked enterprises themselves shall publish the detailed results of their pay equity analysis and its verification.

Employers as defined in Art. 13 a LEg must have completed their first equal pay analysis by June 30, 2021, at the latest (Art. 17 a, para. 1, LEg).

This Ordinance enters into force on 1 July 2020 and remains in effect until 30 June 2032.