Legislator · Canton of Vaud — Cantonal Legislation
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173.63 LVLEG CH-VD

implementing the Federal Act of 24 March 1995 on Gender Equality in the Canton of Vaud (LVLEg) - Competent Authorities [1] (LVLEG)

9 Articles / Provisions · Canton of Vaud — Cantonal Legislation
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Table of Provisions (9)

Statutory Text (9 Provisions)

1. Any action based on Article 4, paragraph 2 of the Federal Constitution [A] and/or the Gender Equality Act [B] shall be brought before the administrative or judicial authority that is or would be called upon to adjudicate an ordinary labor law dispute between the same parties.

2. In private labor law relations, when the action does not involve any claim for the payment of a sum of money, the case shall be brought before the labor tribunal, regardless of the amount in dispute.

1. The courts called to rule on the merits function as conciliation authorities within the meaning of Articles 197 and following of the [D] Code.

1bis. When the case falls under the jurisdiction of the District Court or the Cantonal Property Chamber, the conciliation authority is composed of a president of the competent authority and two assessors from the Labor Court of the forum of the main action.

2. In public law employment relationships, the jurisdiction of specialized commissions is reserved.

3. ...

1. The Cantonal Office for Equality between Women and Men promotes the achievement of gender equality in all areas and works to eliminate all forms of direct or indirect discrimination.

2. To this end, it notably undertakes the following tasks

a. informing the public;

b. advising individuals and authorities;

c. establishing and coordinating active measures to promote equal opportunities between women and men;

d. carrying out all other tasks that the Council of State may entrust to it with a view to promoting equality between women and men.

3. In disputes falling within the scope of the LEg [B], the authority called upon to rule may ask the Cantonal Office for Equality to issue an assessment based on the file. It may also request from the Office for Equality all information necessary for the performance of its task.

4. A copy of every decision rendered in the Canton of Vaud pursuant to the LEg shall be sent to the Cantonal Office for Equality.

5. Any person who considers themselves a victim of discrimination within the meaning of the LEg may solicit the Cantonal Office for Equality for any useful information.

1. In order to promote the effective achievement of equality between women and men, the Office for Equality may grant subsidies to private or public organizations active in promoting equality, particularly in combating domestic violence, in accordance with the law on subsidies.

2. The subsidies, in the form of financial aid, are granted as financial payments or economic benefits. They are provided based on a decision or agreement that sets the obligations and conditions to which the subsidy is subject. The subsidy is granted for a maximum duration of 5 years and can be renewed.

3. Operating subsidies are granted as a lump sum; they are based on the recipient's financial forecasts and statements. Investment subsidies are granted as a lump sum; they are based on the financial plan of a project directly related to promoting equality, especially combating domestic violence. Exceptionally, they may be granted based on a percentage, with the maximum amount of costs to be considered predefined.

4. Subsidy applications must be submitted in writing to the Office for Equality, accompanied by all useful or required documents. The applicant organization must attach to its application its budgets and accounts, the activity report of the previous year, and a document listing all requested and obtained subsidies, aid, and credits.

5. The Office for Equality is the competent authority for the supervision and control of the subsidies it grants. It ensures that the awarded subsidies are used in accordance with the intended allocation and that the conditions and obligations to which they are subject are respected by the beneficiary. To this end, the Office for Equality may require any useful document.

6. The subsidized organization is subject to the obligation to provide information, in accordance with Article 19 of the law on subsidies.

7. The Office for Equality may revoke or reduce the subsidy or demand its total or partial restitution under the conditions of Articles 29 to 31 of the law on subsidies.

1. A Monitoring Commission is established to conduct or have conducted, as necessary, the monitoring of compliance with equal pay between women and men in companies that have been awarded public contracts in the canton and entities subsidized by the State.

2. The Monitoring Commission is composed of representatives from the Cantonal Administration and social partners designated by the Council of State.

3. The Council of State specifies by regulation the composition, powers, and functioning of the Monitoring Commission.

4. The Monitoring Commission prepares an annual activity report.

1. The Monitoring Commission designates, in principle through a random draw, at least 10 public procurement contractor companies or 10 subsidized entities that will be audited each year. It then proceeds, or has an external expert proceed, to verify compliance with equal pay treatment between women and men.

2. If it emerges from the audit that equal pay treatment between women and men is not respected, the Monitoring Commission grants the audited company or entity a period of 90 days to adopt corrective measures and to demonstrate, at its own expense, that it has brought itself into compliance. This decision recalls the penalties incurred in case of non-execution.

3. The reports prepared by the Monitoring Commission are transmitted to the contracting authority, the Cantonal Authority of Public Procurement Oversight, and the entity granting the subsidy.

4. The Monitoring Commission maintains a non-public list of audited companies or entities.

5. The Monitoring Commission establishes a secure online data inquiry procedure allowing the services of the Vaud Cantonal Administration, municipal authorities, as well as other entities subject to public procurement legislation, to know whether a company or entity has been audited and the outcome of that audit.

1. The Council of State shall regulate the modalities for verifying the equal pay analysis

a. for personnel of the State of Vaud;

b. for personnel of cantonal public law institutions employing at least 100 workers. Apprentices are not included in this headcount.

2. The communes shall regulate the modalities for verifying the equal pay analysis

a. for their personnel when it comprises at least 100 workers. Apprentices are not included in this headcount;

b. for personnel of communal and intercommunal public law institutions employing at least 100 workers. Apprentices are not included in this headcount.

**1. Subject to Article 4, this law does not apply to proceedings pending at the time of its entry into force.**

1. The Council of State is entrusted with the execution of the present law. It shall publish the text in accordance with Article 27, number 2, of the Cantonal Constitution and shall set the date of its entry into force by decree.

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