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This was not a contradiction, Foreign Minister Ignazio Cassis said Wednesday in front of the media in Bern. He assured that the independent wage protection would not be available in the negotiations on a framework agreement. But it was important to discuss the interpretation of the red lines with the social partners.
The EU has adopted a new directive on the posting of workers since last year and now wants Switzerland to accept a regulation on this basis. From Switzerland's point of view, the EU directive goes in the right direction as it provides for better wage protection. But there is still a difference to Swiss regulations.
Cassis now wants to talk to the social partners of this "Delta". According to him, the EU does not question the fact that Switzerland, with its high salary level, needs special protection. However, the EU is disturbed by individual elements, for example the rule of eight days, as explained by the Secretary of State Roberto Balzaretti
According to the latter, European companies must notify Swiss authorities at least eight days in advance. This allows for wage control – especially for those who work only briefly in Switzerland. The EU also considers that the filing and documentation requirements for the self-employed are exaggerated.
Switzerland wants to hang on to it. The question now is how could the same goal be achieved with other instruments – those of the EU – said Cassis. The unions fear that Switzerland will no longer be able to protect their wages by themselves as the European Court of Justice (ECJ) could decide in case of dispute.
In the matter of dispute settlement, Switzerland and the EU have reached an interim agreement. It is envisaged that an arbitral tribunal will decide with a representative of the EU, Switzerland and a third party in case of dispute. The Arbitral Tribunal reaches the ECJ only if the interpretation of a provision of the EU is controversial and considers it necessary.
If Switzerland took over the EU's pay protection provisions, the CJEU could decide on their interpretation in litigation. However, Cassis and Balzaretti have stated that specific wage protection provisions in Switzerland could be conceived as a "sui generis right", such as the valve clause or the 40 tonne limit in traffic. This would not make it judicable by the ECJ.
All of this should now be discussed with the social partners. The manager is the Department of Economic Affairs (WBF). The Federal Department of Foreign Affairs (FDFA) and the Department of Justice and Police (FDJP) are also involved. At the latest in September, the Federal Council wants to make a new assessment.
The Federal Council continues to seek an agreement with the EU in the autumn. The EU is in electoral mode from November, noted Cassis. Nobody knows how it develops. At the same time, the Minister of Foreign Affairs stressed that content and domestic support were more important than the timetable.
According to Cassis, other concessions were also contemplated, such as the EU Citizenship Directive. One might have wondered what elements already existed in Swiss law. However, the Federal Council did not want that, said Cassis, for reasons of domestic politics. The directive on EU citizenship is "psychologically a problem".
Cassis pointed out to the media the progress made in the negotiations. At the same time, he notes that there is no agreement on anything unless you agree on everything.
According to Cassis, progress has been made not only in the dispute settlement mechanism, but also in state aid. On this point, the Bundesrat reiterated its willingness to find a solution to the inclusion of non-judicial provisions in the institutional agreement. Compulsory substantive provisions must be negotiated in the context of a future market access agreement.
When asked what would happen if no framework agreement was reached, Cassis said. "Surely Switzerland will survive without it.The question, however, is at what price." An institutional agreement is "changing", there is legal certainty for the export industry. He also highlighted the possible "pins" of the EU – as in the case of stock market recognition. (SDA)
Published 04.07.2018 | Updated at 18:42
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