Labour Jurisdiction Act (LJT) - Purpose (LJT)

1. This Act applies to civil law disputes concerning

a. employment contracts;

b. the Federal Act on Employment Services and the Hiring of Services (Staffing Services Act) [A];

c. the Federal Act on Gender Equality (Gender Equality Act) [B];

d. the Federal Act on Information and Consultation of Employees in Businesses (Participation Act) [C].

1. These disputes fall within the jurisdiction of the following courts

a. the Labour Court, when the value in dispute does not exceed 30,000 francs;

b. the District Court, when the value in dispute is greater than 30,000 francs and does not exceed 100,000 francs;

c. the Cantonal Patrimonial Chamber when the value in dispute exceeds this amount.

2. When the LEg [B] is solely applicable, the Labour Court has jurisdiction, regardless of the value in dispute, if the claim does not contain any prayer for relief seeking the payment of a sum of money.

1. The jurisdiction of the labor court may only be deviated from by an arbitration clause binding the parties and included in a collective labor agreement. Articles 10 and 23 of the law concerning employment services and service leasing [A] are reserved.

2. Disputes between a public entity or a public institution and a nominated civil servant are not subject to the provisions of this law.

3. Subject to contrary provisions, notably those stipulated by the law on the personnel of the State of Vaud [D], individuals engaged by contract with a public entity or a public institution may approach the competent labor jurisdiction authorities, in accordance with these provisions.

1. When the defendant raises the defense of set-off, the court seized is competent to determine the existence and the amount of the claim invoked for set-off, regardless of the nature of that claim.

1. In each district court, there is a specialized chamber dealing with labor jurisdiction called the labor tribunal.

1. The Labour Tribunal is composed of

a. a president of the District Court and one or more vice-presidents;

b. assessor judges representing employer and worker circles;

c. the clerk, deputy clerks, and registry officials of the District Court.

1. Upon notification from the Cantonal Court, the Council of State determines the number of vice-presidents and associate judges.

2. The vice-presidents and associate judges are judicial officers within the meaning of the Judicial Organization Act.

3. They are compensated with allowances, in accordance with a decree of the Council of State.

1. The Cantonal Court appoints the lay judges for each district after consulting the employer and employee organizations.

2. A judge is deemed to have resigned

a. if the lay judge has ceased to practice their profession for one year or no longer resides in the canton;

b. if an employer judge becomes an employee and vice-versa;

c. if the judge has been declared bankrupt or against whom a certificate of unpaid debt has been issued.

1. Before taking office, the vice-presidents and associate judges make the solemn promise required by the Judicial Organization Act before the president of the labor court [E].

1. For each case, the court is composed of the president or a vice-president, as well as two assessors, one representing the employers and the other representing the workers.

2. The assessors do not participate in the attempt at conciliation, unless the president deems their presence useful. Article 200, paragraph 2 of the Swiss Code of Civil Procedure [F] is reserved.

3. The president or vice-president alone rules on provisional and superprovisional measures.

4. The president may, with the consent of the parties, dispense with the participation of the assessors when the case does not appear to present particular difficulties.

1. The Law of May 17, 1999, on Labour Jurisdiction is repealed.

1. The Council of State is entrusted with 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 decree, the date of its entry into force.