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The EU proposal makes the important part of the wage protection ineffective

The deposits would have a "significant deterrent effect" and would be increasingly in demand: The Association of artisans from the state of Baden-Württemberg elects in a position paper to the flanking measures of the Switzerland's significant words. Was written in the autumn of 2015. Three years later, it is clear that The EU has heard the complaints from southern Germany to the Swiss border regions.

In the additional Protocol 1 to the framework agreement negotiated by the EU with Switzerland, it is stated that Switzerland must make the bails large smears, should you choose to accept the agreement.

So much compromise that in Switzerland, both trade unions and the trade Association say, this wage protection instrument would be ineffective. For them, the EU proposal is therefore not acceptable. "The deposits are our most important Instrument, with which we can make dubious companies liable," says Nico Lutz. In the case of the trade Union Unia, he is responsible for the sector of construction.

The deposits are to ensure that the fines from violations to be paid in the case of control also.

The deposits were only introduced a few years ago. It comes to the enforcement of the Swiss salary requirements, reporting requirements and other rules for EU companies that send employees for jobs in Switzerland.

where an enterprise against the rules, can buses be pronounced. The deposits are intended to ensure that the fines be paid. The raising of the money abroad is difficult. "Without the bail company can handle the buses simply by filing for bankruptcy, dissolve or simply refuse payment. Thanks to the Deposit buses or other demands are met," says Lutz of the Unia.

Deposit scheme is not compatible with EU law

According to the state Secretariat for economic Affairs has not been made by the EU in the negotiations with Switzerland, is clear that the local Deposit scheme in the current embodiment, is compatible with EU law. The fact is, however, that the Switzerland foreign companies are discriminated against with this rule. It applies also for domestic companies.

security deposits are also not comprehensively, but only in industries that have agreed in their generally binding collective agreements to a Deposit requirement. Typically, this is in the sectors of the construction industry, the case of, for example, painters, insulators, or building technicians. According to Hans-Ulrich Bigler, Director of the trade Association, there are industries in which the jobs are often short and to the controls, therefore, more difficult.

For the execution of the Deposit and the social partners are responsible. Almost all of them have delegated the task to the Central Deposit. It covers, according to managing Director Hannes Jaisli 99 percent of the deposits. These amount to between 5000 and 20 000 Swiss francs. A total of 1178 security deposits have been deposited in the past year, a total of around 10 million Swiss francs – most of companies from Germany and Italy. Orders under the 2000 franc Deposit.

Jaisli explains the depth number so that deposits are not stored per order, but per company. A company from southern Germany, which takes over years orders in Switzerland, you can even put money behind, and then leave.

the vast majority of The company seems to be working correctly, or pay their fines. In 2017, only one of 20 deposits.

The EU requires that deposits will only be possible if companies already committed violations and buses that have not paid. The state Secretariat for the economy has recorded between 2013 and the summer of 2018 gebüssten companies. You have paid in Switzerland seconded employees, for example, to low wages, the hours of rest are not-keeping or reporting requirements violated.

a Total of approximately 14'000 buses to almost 12'000 different companies. Repeat offenders are rare. A good 10'000 companies were sanctioned only once, 1200 companies twice. In the lead with ten buses is the Slovak subsidiary of an Austrian window construction company. By far the majority of fines are imposed against companies from Germany and Italy.

shady company to change the name of

Whether the fines were paid, is not recorded. It is also unclear how many companies are actually committed to the cause. Shady companies would sign up today with changing names for orders in Switzerland or subcontractors rely on, said Daniel Lampart from the trade Union Confederation. This is exactly why there is a need for the current Deposit system.

"The fact that most of the firms appear only once on the list, shows that the EU solution is suitable," says a trade unionist Lutz. "The Deposit is to deter from crime. If you must be paid after the first Offense, is no longer the case." Also for trade Association Director Hans-Ulrich Bigler, it is clear that the proposal of the EU, the Deposit loses its deterrent effect.

(editing Tamedia)

Created: 16.12.2018, 21:42 PM

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