SBV: Fearing Further Escalation of Violence - Lawsuit Filed for Breach of Peace Obligations

The union actions in Aargau, Basel, and Bern constitute a clear breach of the peace obligations enshrined in the National Labour Agreement (NLA). As long as the National Labour Agreement is in force, the absolute peace obligation according to Art. 7 of the contract applies to social partners. This obligation is the main reason why employers enter into collective agreements at all. If it is not adhered to, a collective agreement is hard to justify from an employer's perspective. The strikes and protest actions by the unions clearly violate the basic rules of social partnership, according to the Swiss Builders Association (SBA). Therefore, the SBA is filing a lawsuit for violation of peace obligations.

Even during the ongoing negotiations, the peace obligation will be interpreted more strictly in the future, and the SBA has repeatedly stressed the need for its mandatory compliance. Independently of this, criminal charges have already been filed by construction companies.

Unions are already threatening new strikes - further riots cannot be ruled out. Due to the renewed strike threats by the unions and in light of recent events, the construction industry faces a tense situation. Further riots and endangerments of employees, companies, and uninvolved persons cannot be ruled out. Construction sites are not public spaces for safety reasons. Escalation and violence endanger safety and undermine social partnership. Not least due to these reasons, the SBA has now initiated legal steps to enforce peace obligations.

A viable contract model is ready but remains blocked. Parallel to the legal lawsuit, negotiations for a new National Labour Agreement continue. Despite a comprehensive and balanced contract proposal from the SBA, including a construction site allowance increasing over six years, secured cost-of-living adjustments, modernized work and travel time regulations, and significant surcharges in underground construction, the unions continue to block a resolution. They make additional demands that go beyond the already negotiated package, thus preventing a viable contract model. Meanwhile, threats from the union side for a contractless state with nationwide strikes are growing louder.

SBA petition against contractless state. A contractless state bears significant risks such as undeclared work, wage dumping, and precarious working conditions. Nevertheless, the unions, with additional maximal demands, are blocking the contract conclusion. Therefore, the SBA has launched the online petition "No to undeclared work, wage dumping, and precarious working conditions in construction!" advocating for clear rules until the new NLA and urgently warning of the consequences of a contractless state.

Further Information https://ots.ch/IZI8nF

Press Contact:
Jacqueline Theiler
Head of Communication SBA
Tel. 058 360 76 42
jacqueline.theiler@baumeister.ch

Matthias Engel
Press Spokesman SBA
Tel. 058 360 76 35
matthias.engel@baumeister.ch

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