The protection of Wages will be eroded by the institutional agreement with the EU, to criticise the trade unions. Now Europe friends turn the tables. Only with the agreement of the flanking measures would be secured, countered the retired Berner of European law Thomas Cottier in a new paper. As President of the Association “Switzerland in Europe” calls for a rapid signing.
“today’s accompanying measures are not endangered, because they respect the applicable Bilateral,” said Cottier. EU companies could challenge the protection of Wages before the Swiss courts. “This is so far only stayed for financial reasons and a question of time,” says Cottier.
The Accompanying are anchored in the sending act of the Federal government. The courts would have to but weights the agreement on free Movement is higher, argues Cottier. The primacy of the international Treaty had affirmed the Federal court in 2015, in a controversial judgment, the agreement on the constitutional article on the mass immigration.
opinion based criticism
The SVP took advantage of the judge’s decision as an Argument for the self-determination initiative, for which she gained at the time signatures. Because the request is failed in November 2018 at the ballot box clearly says Cottier all the more certain that Swiss courts must prefer the freedom of movement agreement to the law of the land. Would strengthen the Position of a Complainant, of all things, an expert opinion, the representatives of the trade unions and the SVP ordered in the economic Commission of the national Council. Law Professor Philipp came to the conclusion that the two obligations for EU companies to be contrary to the free movement of persons agreement: the rule, eight days prior to a activities in Switzerland and of the Swiss requested Deposit. These two points criticized by the EU since 2008 as disproportionate; Switzerland disagreed. In the absence of the arbitration instance of the conflict remained unresolved, but he was a driver for the EU to calls for an institutional agreement.
The design safe now the accompanying measures for the first time, argues Cottier. Although the registration period, eight calendar days would be shortened to four working days, and deposits are the only company figures, the wounded, the protection of Wages ever would. The European court of justice (ECJ) will be bound so that concludes Cottier: “Overall, the international legal support for the wage protection with the framework agreement is improving.” This is also the view of the Federal Council represents. With voltage, its answer is expected to the economic Commission. So far, he has justified the legality of the Flanking never in detail, not even in the Embassy on the Bilateral and the posting of workers act.
unionists Corrado Pardini rejects Cottiers reasoning. The possibility of a complaint and for a decade, used it has never been. “I know of no single company that has received because of the Accompanying no job,” says Berner SP-Nationalrat. He leads basic arguments: the Treaty, Switzerland would have to adopt the relevant EU directives also in the future, and the ECJ could join in the conversation. “The agreement weakens the protection of Wages massively,” says Pardini. “As long as Switzerland can define its protection of Wages alone, we cannot agree to the agreement.”
“It’s arranged,”
it remains to be seen whether an EU company but legal action against the Switzerland. In the most affected German economic circles, it means that the companies would rather refrain from: most were too small, it is the legal Know-how is lacking, nobody wanted to put good relations at risk.
Birgit Tischendorf of the chamber of industry and Commerce Northern black forest, said: “Switzerland is more of a boy than a pattern, because it has arranged with the specifications.” You hear that “the company in Switzerland know at least what you are”. In contrast, many European countries have their own wage would have introduced the rules of protection, to be accumulated which Demands.
Ralf Bopp of the chamber of Commerce Germany-Switzerland says it this way: “In the case of companies, the contrary often take orders from Switzerland, a play by the procedures. Compliance with the wage protection provisions is cumbersome and bureaucratic, but it is for the most part, runs the well-informed company.” A Problem for those who wanted to new, sporadic, or for smaller orders to work here. Bopp argues for the institutional agreement: “The uncertainty about the future of the integration relationship of Switzerland and the EU is the topic number 1.”
(editing Tamedia)
Created: 27.03.2019, 23:06 PM
