For minimum remuneration within the meaning of s. 2, para. 1, let. A, of the Act, is the provisions of a collective agreement of compulsory labour force, of a contract-type of work within the meaning of s. 360 A Of the code of obligations (CO) ¹ , of a Federal Council Act or Order dealing with:

A.

The minimum wage weighted according to the normal duration of the work and corresponding to the qualification acquired;

B.

Compulsory increases in minimum wages and actual salaries;

C.

Compulsory allowances for overtime, task work, teamwork, night work, Sunday work, public holidays and hard work;

D.

Vacation pay Pro rata temporis ;

E.

The 13 ^E Salary Pro rata temporis ;

F.

Holidays and paid days of rest;

G.

Salary in the event of the worker's inability to act without fault in accordance with s. 324 A CO;

H.

Salary in the case of an employer's residence in accordance with s. 324 CO.

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By duration of work and rest within the meaning of Art. 2, para. 1, let. B, of the Act, means:

A.

The normal working time and the allocation of working time;

B.

Overtime, teamwork, night work, Sunday work and statutory holidays;

C.

Rest periods and breaks;

D.

Travel and waiting times.

¹ By low-level work within the meaning of s. 4, para. 1, let. A, of the Act, refers to work which, by calendar year, represents a maximum of 15 working days.

² The number of working days determining is obtained by multiplying the number of workers seconded by the number of days that the provision of services on the Swiss territory lasts.

¹ By installation or initial installation within the meaning of Art. 4, para. 1, let. B, of the Act, refers to the work:

A.

Have a duration of less than eight days;

B.

Which form an integral part of a contract for the supply of goods; they must, by their value and importance, constitute an ancillary benefit to a principal benefit agreed upon between the parties;

C.

Which are essential to the implementation of the property provided under the main benefit; and

D.

Which are carried out by qualified or specialised workers of the supply undertaking or by a subcontractor thereof.

² The initial installation or installation work also includes the warranty work performed by the supply company or a subcontractor in relation to the supplied property.

Service benefits in the construction and civil engineering sectors, as well as the second work, are all activities aimed at the realization, restoration, maintenance, modification or elimination of construction, And in particular the following:

1.

Excavation

2.

Earthmoving

3.

Construction itself

4.

Mounting and unmounting prefabricated elements

5.

Development or equipment

6.

Transformation

7.

Renovation

8.

Repair

9.

Dismantling

10.

Demolition

11.

Maintenance

12.

Maintenance-painting and cleaning work

13.

Sanitation.

¹ The procedure for advertising under s. 6 of the law is compulsory for all work of more than eight days per calendar year.

² It is also mandatory for all work, regardless of the duration of the work, if:

A.

Construction, civil engineering and second work;

B.

Restoration;

C.

Industrial or household cleaning;

D.

The surveillance and security sector;

E.

Itinerant trade according to Art. 2, para. 1, let. A and b, of the Federal Law of 23 March 2001 on Roving Commerce ² ;

F. ³

The sex industry;

G. ⁴

Landscaping or landscaping.

³ Exceptionally and in cases of emergency such as troubleshooting, accident, natural disaster or other non-foreseeable event, work may begin before the expiry of the eight-day period referred to in s. 6, para. 3, of the law, but at the earliest on the day of the announcement.

⁴ The advertisement must be made by means of an official form. In particular, it relates to:

A.

The names, names, nationality, sex and date of birth of workers posted in Switzerland and their registration number for the social insurance of the State in which the employer has its registered office;

A ^Bis . ⁵

The gross hourly wage paid by the employer for the provision of services in Switzerland;

B.

The start date of the work and its expected duration;

C.

The type of work to be carried out, the activity carried out in Switzerland and the function of the workers;

D.

The exact location where the workers will be occupied;

E.

The name, first name and address in Switzerland or abroad of the contact person to be designated by the employer.

⁵ For posted workers who are not nationals of a European Community or EFTA country, the announcement will also indicate their residence status in the country of origin.

⁶ At the request of the employer, the authority confirms receipt of the advertisement. The confirmation is subject to change.

⁷ Art. 19 of the Order of 23 November 1994 on the Central Register of Foreigners ⁶ Is applicable.

⁸ Art. 18 of the order of 12 April 2006 on the central information system on migration (SYMIC order) ⁷ Is applicable. ⁸

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¹ The employer is exempt from the mandatory advertisement referred to in s. 6 of the law if the entry into Switzerland of posted workers is subject to an authorisation procedure under the legislation on residence and establishment of foreigners in Switzerland.

² In this case, the authorities issuing the authorisations will provide a copy of the authorisations granted to the cantonal authority responsible for receiving the announcements.

³ In the branches governed by a collective agreement of compulsory labour, the authority issuing the authorisations or the cantonal authority responsible for receiving the announcements shall transmit to the competent implementing bodies a Copy of the authorization decision. ¹

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The supervisory bodies may require the foreign employer to prove by means of a document that he has actually made social contributions abroad in favour of his workers:

A.

If a control within the meaning of s. 7 of the Act established that the employer failed to meet all or part of its obligations;

B.

If the employer did not spontaneously meet or has only partially satisfied the obligation to advertise under s. 6 of the Act;

C.

If other elements lead the authority to doubt that the employer has complied with the law.

¹ The net minimum wage is the minimum wage under s. 2, para. 1, let. A, of the Act after deduction of the amounts paid by the employer paid by the employer for:

A.

Social insurance;

B.

Taxes, including taxes at source;

C.

Other contributions, in particular those relating to the costs of implementation and continuing training imposed by collective labour agreements declared compulsory.

¹ The contractor may be presented by the subcontractor in particular with the following documents showing that the contractor complies with the minimum wage conditions, in accordance with Art. 2, para. 1, let. A, of the Act:

A.

The certificate of secondment signed by the subcontractor and the worker, providing guidance on:

1.

The current salary in the country of origin,

2.

Posting allowances and supplements granted under s. 1,

3.

The assignment to the salary class, the minimum wages and the duration of the work set out in the compulsory collective labour agreement applicable to the mission in Switzerland;

B.

A declaration signed by the subcontractor, according to which it guarantees minimum wage conditions, supplemented by the following:

1.

The list of workers scheduled to carry out the work or the list of regular staff employed in Switzerland,

2.

The indication of the assignment to the salary class, the minimum wages and the duration of the work set out in the applicable collective agreement of compulsory labour force,

3.

Written certification of workers certifying that they receive the minimum remuneration prescribed for their class of pay;

C.

A declaration by the joint implementing bodies of the collective labour agreements declared of binding force applicable according to which they have supervised the respect of the conditions of wages and work by the subcontractor and that they Have not found an offence;

D.

The mention of the subcontractor in a register maintained by employers and workers or by an authority (professional register) which:

1.

Has been carried out on the basis of prior checking of compliance with minimum wage and working conditions, and which

2.

Attesting to the absence of an ongoing procedure for the infringement of the minimum wage and working conditions and the absence of such infringements.

² The contractor may be presented by the subcontractor in particular the following documents demonstrating that the contractor complies with the minimum working conditions, in accordance with Art. 2, para. 1, let. B to f, the law:

A.

A declaration signed by the subcontractor stating that it undertakes to comply with the requirements on:

1.

Duration of work and rest,

2.

The minimum duration of holidays,

3.

Occupational safety and health protection,

4.

Special protection for young people,

5.

Equal pay;

B.

Recognized certificates, particularly those for occupational safety and health protection.

³ Subcontractors having their registered office or domicile in Switzerland registered in the Swiss register of commerce for less than two years and unable to submit the supporting documents referred to in para. 1, let. C or d shall also prove that they have also transmitted the declarations referred to in paras. 1 and 2 to the joint competent bodies under Art. 7, para. 1, let. Of the Act.

⁴ If the contracting contractor has already entrusted work to the same subcontractor several times and, in those subcontracts, the contractor has made it likely that he is complying with the terms and conditions of wages and work, the contractor Be required to resubmit the demonstration of this respect by the subcontractor only if a particular opportunity justifies it.

⁵ Specific opportunities include:

A.

Significant changes in the salary and working conditions set out in the compulsory collective labour agreement;

B.

Changes affecting an important part of the regular staff in Switzerland;

C.

Changes affecting a significant proportion of workers who are usually posted to Switzerland;

D.

The contractor's knowledge of an infringement of the subcontractor against the peremptory conditions of pay and work.

The contractor's duty of care requires him to take the necessary contractual and organisational arrangements in order to be able to require subcontractors who are expected to carry out work in the framework or at the end of the A contractual chain that they demonstrate respect for minimum wage and working conditions.

The Confederation and the cantons designate the representatives of the social partners in the tripartite committees among the persons proposed by the representative associations of employers and workers, provided that they Have made use of their right to make proposals (360 B , para. 2, CO ¹ ).

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¹ Tripartite commissions must at least:

A.

Evaluate existing documentation, information and statistics relating to wages and duration of work;

B.

To participate in the finding of the usual salaries in the branch, profession and locality, which implies the search for the documents and information necessary and available from, inter alia, the Confederation or the canton;

C.

Observe the labour market and see abuse within the meaning of s. 360 A , para. 1, and 360 B , para. 3, CO ¹ And art. 1 A Of the Federal Act of 28 September 1956 allowing the scope of the collective agreement to be extended ² ;

D.

Examine individual cases and seek an agreement with the employer concerned, in accordance with Art. 360 B , para. 3, CO;

E.

Make proposals to the cantonal authorities and the federal authorities concerning the adoption of a contract-type of work, the declaration of binding force of a collective labour agreement and the amendment or repeal of such agreements Acts;

F.

Monitor compliance with minimum wages fixed by contract-type of work, in accordance with Art. 7, para. 1, let. B, of the Act;

G.

Cooperate with other supervisory bodies, in accordance with Art. 8, para. 1 and 2 of the Act;

H.

Denounce the offences, in accordance with art. 9, para. 1, of the Act;

I.

Examine the possibility of abuse or infringement, such as false self-employed, stays of less than three months, etc.;

J.

Working with the Confederation and other authorities;

K.

Prepare an annual activity report to the Directorate of Labour of the State Secretariat for the Economy.

² The work of the Tripartite Commission is recorded in minutes.

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The Tripartite Commission may appeal to experts. It may establish groups or sub-committees to be responsible for the consideration of specific areas.

¹ The tripartite committees of the Confederation and the cantons and the joint committees established by collective labour agreements declared binding shall cooperate with each other. In particular, they shall exchange, free of charge, the information and documents necessary for their activity.

² The Confederation promotes such exchanges by appropriate means, in particular by providing the necessary equipment and by creating the appropriate exchange platforms.

³ The Confederation provides initial training and ongoing training for the members of the tripartite committees and the joint committees concerned.

⁴ If necessary, the Federal Tripartite Commission may set up an ad hoc or permanent Confederation-cantons coordination group.

¹ Each canton bears the costs arising from the operation of its tripartite commission. In particular, it shall bear the costs of the secretariat. It also regulates the compensation of the social partners.

² While several cantons have set up a joint tripartite commission, they share the operating costs.

¹ The Confederation bears the costs of running the federal tripartite commission.

² The Confederation shall make available to the Federal Tripartite Commission the premises, staff and equipment necessary for its activity.

¹ At the beginning of each legislative period, the Federal Council appoints the members of the Federal Tripartite Commission.

² The Federal Tripartite Commission consists of 18 members, consisting of six representatives of the workers'associations, six representatives of employers' associations, and three representatives of the Confederation and three representatives. Of the cantons. ¹

³ The representation of the Confederation is composed of one person from the State Secretariat for Migration ² And two persons from the SECO's Directorate of Labour. ³

⁴ The Federal Tripartite Commission is chaired by a member of the Directorate of Work of the SECO. The Directorate also provides the secretariat. The committee itself is itself. It lays down a regulation laying down the arrangements for its organisation and in particular its powers, those of the sub-committees, the members and the Presidency. It submits its regulation to the approval of the Federal Department of Economics, Training and Research (DEFR) ⁴ . ⁵

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The volume of the inspection activity referred to in s. 7 A The Act is determined on the basis of the following:

A.

Number of working places in the cantonal labour market;

B.

Share of foreign labour in this market;

C.

Branches that constitute the cantonal labour market and their possible submission to a declared compulsory CTC;

D.

Geographic dispersion of businesses;

E.

Cross-border relations;

F.

Cooperation between the canton and the social partners in order to carry out joint enforcement of the law and to observe the labour market within the meaning of Art. 360 B , para. 3, CO ¹ ;

G.

Collaboration established within the canton between different authorities.

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¹ The benefit agreement has passed between the DEFR and each canton under Art. 7 A , para. 3, of the law.

² In particular, the benefit agreement states:

A.

The volume of the inspection activity;

B.

Confederation funding;

C.

The implementation of enforcement objectives; and

D.

The framework conditions applicable to implementing bodies;

E.

The obligation to report;

F.

The duration of the agreement and the rules of denunciation.

³ Benefit agreements can also define performance indicators for performance and outcome evaluation.

The inspection activities cover the following tasks:

A.

Verification of the announcements received;

B.

Transmission of advertisements;

C.

Requests for documents necessary for the control, analysis and processing of these documents;

D.

Supervision of working conditions in employees' workplaces or in the administrative premises of their employers;

E.

Control of wage books;

F.

Doubtful cases, including:

1.

Searching for additional documents,

2.

Contacts with employers, Swiss and foreign social insurance institutions and other authorities;

G.

Evaluation of control results;

H.

Preparation of decisions for the competent authorities.

¹ The Confederation shall pay 50 % of all the salary costs of the inspection activities provided for in the benefit agreement supported by the canton for the performance of the tasks laid down in Art. 16 C , including the employer's share of social insurance contributions. However, equipment and infrastructure costs are not taken into account.

² L' al. 1 also applies where cooperation between the cantonal authorities and the social partners has been fixed.

The joint bodies responsible for the implementation of a collective labour agreement and the tripartite commissions responsible for the inspection tasks provided for in Art. 7 A Of the law must carry out a total of 27 000 checks per year. The number of controls to be compensated is set out in the benefit agreements entered into pursuant to s. 9, para. 3, this order and s. 7 A , para. 3, of the law.

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¹ This Order comes into force, subject to para. 2, 1 ^Er June 2003.

² Art. 1 to 9, 17 and 18 enter into force on 1 ^Er June 2004.