For employees: Take action against pay discrimination
If you suspect pay discrimination on the basis of your gender, there are a number of ways you can take action. Read here about what to do and where you can find further information and support.
1. Inform yourself
Do you have the impression that you might be affected by pay discrimination? Various offices offer free information and professional support on issues concerning pay inequality and pay discrimination. Contact a cantonal office for gender equality or your canton’s conciliation board under the Gender Equality Act. Trade unions or professional and staff associations also often offer information on gender equality issues.n.
Go to the reasons behind the pay gap between women and men.
2. Seek dialogue with the company
First try to find a solution with your employer. Contact your line manager or human resources, as well as management if necessary. If your organisation has one, also talk to the gender equality officer.
3. Bring in the conciliation board
If an agreement or solution cannot be found internally, you can contact the cantonal conciliation board under the Gender Equality Act. These conciliation boards advise the parties and attempt to bring about a settlement. The proceedings are free of charge, but you may incur legal fees. If you do not have sufficient financial means, you can apply for free legal advice and assistance..
4. Go to a court
If the conciliation proceedings fail to achieve a settlement, you can bring an action within three months to the competent court. If you are in an employment relationship under public law, you can request a decision from the competent authority and file a complaint with the competent appeals authority. These proceedings under the Gender Equality Act are also free of charge, but legal fees may be incurred. You can also dispense with the conciliation proceedings and take the matter directly to the competent court.
Protection against dismissal
For the duration of any complaint procedure at your place of work and of any conciliation or court proceedings, you are usually protected against dismissal (protection against retaliatory dismissal, Art. 10 Gender Equality Act). This protection against dismissal applies for six months beyond the conclusion of the proceedings.
Contact
You can find support at the following conciliation boards and offices for gender equality:
Examples of case law
The database at gleichstellungsgesetz.ch describes several hundred cases and proceedings concerning the Gender Equality Act from German-speaking cantons in Switzerland. Cases from French-speaking Switzerland are available at leg.ch, while cases from Ticino can be found at sentenzeparita.ch.