1 Foundations and Organization, Public Charges » 14 Authorities and Administration » 140 General Provisions (KGIG)

Purpose

This Act regulates the organization and procedure for the implementation of the Federal Act on Gender Equality and provides for further measures to promote actual gender equality.

Scope

1 This Act applies to private-law and public-law employment relationships.

2 It regulates the appointment, tasks, and organization of the Cantonal Commission for the Equalization of Women and Men.

II. Conciliation Procedure

Organisation

1 The Canton shall establish a cantonal conciliation body.

2 This body shall be competent for discrimination disputes arising from private-law and public-law employment relationships.

3 The competence of conciliation bodies established under collective employment agreements remains reserved.

Election

1 The Cantonal Government elects the conciliation body for a four-year term of office. Its composition is determined by the Swiss Code of Civil Procedure.

2 The Cantonal Government may appoint a secretariat.

Tasks

1. The conciliation body advises the parties in discrimination disputes in

employment and attempts to bring about a settlement.

2. It conducts conciliation negotiations in connection with both private-law

and public-law employment relationships.

Procedure

1 Before a court action or a complaint is filed, a conciliation procedure must be carried out.

2 The conciliation procedure is governed by the Swiss Code of Civil Procedure.

3 If the bodies established by collective labour agreement conduct the conciliation procedure, the action must be accompanied by a certificate issued by these conciliation bodies regarding the conclusion and the result of the conciliation procedure.

Supervision

The arbitration board is under the supervision of the Cantonal Court.

III. Judicial Proceedings

Private Employment Relationships

Disputes concerning discrimination in the workplace are judged in a simplified procedure according to the Swiss Civil Procedure Code.

Public-Law Employment Relationships

1 The administrative authorities and the courts of the Canton and the districts

decide, by means of orders, on the cessation, removal, and establishment

of discrimination in professional life.

2 The Administrative Justice Act10 is applicable to the issuance of these orders.

Administrative Justice

1. Orders concerning the cessation, elimination, or establishment of discrimination in a public-law employment relationship may be challenged by appeal to the Administrative Court.

2. Before lodging an appeal, the conciliation body must be called upon within 20 days of the service of the order.

3. If no agreement is reached, an appeal must be filed within 20 days of the issuance of the conciliation certificate.

**IV. Equality Commission**

Election

1 The Government Council elects a commission for gender equality for a four-year term of office.

2 The commission comprises 9 to 13 persons. At least half of its members must be women, and it shall be chaired by a woman.

3 The commission should be broadly supported by women's organizations, political parties, professional associations, and other interest groups.

Duties

1 The Commission promotes gender equality in all areas of life, by notably

a) submitting proposals to the Government Council for the elimination of unequal treatment;

b) commenting on draft enactments by cantonal authorities;

c) supporting programmes and activities of public and private institutions through advice and, exceptionally, by granting contributions;

d) informing the public about gender equality matters generally and in relation to the granting of contributions under Articles 14 and 15 of the GIG;

e) maintaining documentation on gender equality issues.

2 The Commission may cooperate with other organizations within and outside the canton.

3 The Commission may request information and data from the departments.

4 The Government Council shall issue directives concerning communication with cantonal administrative bodies.

Supervision

1 The Commission is subject to the supervision of the Government Council.

2 It submits its annual accounts and activity report to the Government Council.

Organisation

1 The Commission shall organise itself within the framework of this Ordinance.

2 In regulations that must be approved by the Government Council, the Commission shall define, in particular, its leadership, its business processes, and its financial authorities.

Expenditure

1 The expenditure of the Commission to be borne by the State Treasury amounts in

total annually to a maximum of CHF 50,000.

2 The Commission independently decides on the use of the approved budget

appropriations.

Contributions

The Commission may support programmes and activities with grants that are

innovative and not supported by the Confederation.

V. Final Provisions

Referendum, Publication, Entry into Force

1 This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal Constitution.

2 It shall be published in the Official Gazette and, after its entry into force, included in the Collection of Laws.

3 The Government Council shall be entrusted with its enforcement. It shall determine the date of its entry into force.

1 This Act was enacted as an ordinance subject to an optional referendum: GS 19-116 with amendments from September 10, 1997 (GS 19-208), November 18, 2009 (Justice Ordinance, GS 22-82m), December 17, 2013 (GC decision adapting to new Cantonal Constitution, GS 23-97) and October 25, 2017 (GC decision updating justice legislation and optimizing the organization of law enforcement authorities, GS 25-9e).

2 Version of September 10, 1997.

3 BbI 1995 p. 382 et seq.

4 Version of September 10, 1997.

5 Para. 2 newly inserted on September 10, 1997.

6 Para. 1 in the version of November 18, 2009.

7 Para. 2 in the version of November 18, 2009.

8 Version of October 25, 2017.

9 Version of November 18, 2009.

10 SRSZ 234.110.

11 Section IV., §§ 11 to 16, newly inserted on September 10, 1997.

12 Version of September 10, 1997.

13 Former § 12 in the numbering of September 10, 1997; heading, paras. 1, 2 and 3 in the version of December 17, 2013.

14 Entered into force on July 1, 1996 (Off. Gaz. 1996 900). Entry into force of the amendments of September 10, 1997 on January 1, 1998 (Off. Gaz. 1997 1640), November 18, 2009 on January 1, 2011 (Off. Gaz. 2010 1508), December 17, 2013 on January 1, 2014 (Off. Gaz. 2013 2974) and October 25, 2017 on February 1, 2018 (Off. Gaz. 2018 83).