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Act on Conciliation Procedures for Disputes Arising Under the Gender Equality Act in Public Employment Relationships

10 Articles / Provisions · Switzerland · Canton of Zurich

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Table of Provisions (10)

Art. 1 Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 Art. 7 Art. 8 Art. 9 Art. 10. Decisions on costs and procedural orders are

Statutory Text (10 Articles)

Art. 1: Act on Conciliation Procedures for Disputes Arising Under the Gender Equality Act in Public Employment Relationships Open official source

1 The Parity Conciliation Authority for Disputes Jurisdiction

under the Gender Equality Act of March 24, 19956 within the meaning of § 58 and Duties

GOG5 (Conciliation Authority) is responsible for discrimination law

disputes arising from public-law employment relationships under

cantonal and communal law.

2 The Conciliation Authority performs the duties according to Art. 201 CPC7

Art. 2: Act on conciliation proceedings for disputes under the Gender Equality Act in public-law employment relationships Open official source

B. Applicable Law

In addition to the following provisions, the following are analogously applicable

a. Art. 202–206 CPC7,

b. the general provisions of the CPC7 concerning the procedure and the procedural provisions of the JuPA5 applicable to civil proceedings.

Art. 3: Act on Conciliation Procedures for Disputes under the Gender Equality Act in Public Employment Relationships Open official source

1 The conciliation procedure is voluntary for employees.

2 Employers are obliged to participate in the conciliation procedure.

1. 1. 11 - 71

177.12 Conciliation Procedure for Disputes under the Gender Equality Act

Introduction

Interim

Measures

Disclosure

of Personal

Data

Conclusion of

the Procedure

a. Protocol

b. Negotiation

Outcome

Costs

Legal Remedies

Art. 4 : Act on Conciliation Proceedings for Disputes under the Equality Act in Public-Law Employment Relationships Open official source

1 The request must be submitted within the appeal period against the

first-instance order. The invocation of the conciliation authority does not

interrupt the appeal period. To preserve

this period, the appeal must be filed with the competent authority.

The filing does not need to contain either a motion or grounds.

2 Anyone affected by discrimination that is not based on an

order may invoke the conciliation authority at any time.

Art. 5: Law on Conciliation Procedures for Disputes Arising Under the Gender Equality Act in Public Employment Relationships Open official source

If the conciliation authority is called upon before an order has been issued, the authority responsible for issuing the order shall, upon request, take the necessary precautionary measures. In the case of collegiate bodies, the chairperson is authorized to do so in urgent cases.

Art. 6: Act on Conciliation Procedures for Disputes under the Equality Act in Public Employment Relationships Open official source

To the extent that it is suitable and necessary to prove discrimination or non-discrimination, personal data of employees not involved in the proceedings may be disclosed in conciliation proceedings.

Art. 7: Law on Conciliation Procedures for Disputes under the Gender Equality Act in Public Employment Relationships Open official source

1 The conciliation authority records the result of the negotiations in the minutes. Article 209 para. 2 CPC7 applies mutatis mutandis to these minutes.

2 The conciliation authority forwards the minutes to the competent appellate authority in pending proceedings.

Art. 8: Act on Conciliation Proceedings for Disputes Arising Under the Gender Equality Act in Public Employment Relationships Open official source

1 If an agreement is reached, the employer issues, to the extent necessary, a corresponding order.

2 If no agreement is reached, the appellate body sets a deadline for submitting the applications and substantiating them, if the dispute is based on an order. In other other cases, the employer is obliged, upon request, to issue an appealable order.

Art. 9: Act on Conciliation Procedures for Disputes under the Gender Equality Act in Public Employment Relationships Open official source

The conciliation proceedings are free of charge. For the rest,

Articles 113 and 115 CPC7 apply by analogy.

**Art. 10. Decisions on costs and procedural orders are:** Law on the Conciliation Procedure for Disputes under the Gender Equality Act in Public Employment Relationships Open official source

pursuant to Art. 319 et seq. CPC7 appealable to the High Court.

1 OS 65, 564.

2 Entry into force: January 1, 2011.

3 ABI 2009, 1489.

4 ABI 2010, 513.

5 LS 211.1.

6 SR 151.1.

7 SR 272.

Act on Conciliation Procedures for Disputes Arising Under the Gender Equality Act in Public Employment Relationships

Table of Provisions (10)

Statutory Text (10 Articles)

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