Analysis provided by: Soraya Pascoe, Legal Expert on Gender.

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Equality in employment is enshrined in Article 8.3 of the Swiss Constitution, whereby men and women are to be compensated equally in their salaries for equivalent work.

At a Federal level, The Equality Act of 1995, protects the employee against discrimination and provides mechanisms for procedural remedies. It applies to employees in both the public and private sectors. Article 3 of the Act prohibits direct or indirect sex discrimination, particularly including against pregnant women. It applies from recruitment, to the attribution of tasks and working conditions right through to professional development, remuneration and promotion. The article also contains a provision by which the promotion of equality between genders is an acceptable exception to equality discrimination.

The burden of proof is weighted in favour of the employees, except where there is an allegation of discrimination at recruitment stage or when there is alleged sexual harassment. Article 6 provides that an existence of discrimination is presumed when the employee makes a prima facie case.

The Labour Act of 1964 provides protection for pregnant workers, nursing mothers and parents with children up to the age of 15 years old. Article 35 is specifically aimed at protecting the health of women, nursing mothers and their children. Positively legislating against work that could be laborious or dangerous. Article 35a provides for maternity leave. It legislates that pregnant women and nursing mothers must not be required to work during the maternity period without their consent, thus protecting the maternity rights of the employee and setting a legislative framework of specific leave periods during pregnancy and nursing. Article 35b sets out the obligations on employers to offer work of an equivalent nature or otherwise, with shorter hours during pregnancy and in the 8^thto 15^thweek after birth with also a unconditional right to 80 per cent of the previous salary. This also includes where there is a 'salary in kind'. Article 36 applies to parents in general, obliging employers to account for family friendly hours for the working parent with children up to the age of 15 years old. This of course benefits working mothers without partners, enabling women to continue employment throughout the childhood years of their parenting.

The Regulation for the Protection of Maternity of 2001, is secondary legislation and is drafted specifically and extremely comprehensively to protect pregnant and nursing mothers in work. It compliments the labour Act. The regulation legislates for an onus upon the worker's doctor to evaluate the risks and ability for their patient to work during pregnancy and nursing and provide a certificate on analysis. It also sets out specifically prohibited tasks and environmental conditions including the temperature of the workplace. It also prohibits exposure to specifically classified micro-organisms, viruses and substances. It legislates for the co-operation between the employer and doctor.

Despite the positive legislation described above, Swiss governmental research has found that equal pay for equal work has not become reality. In the private sector, the salary difference between and women exceeds 21 per cent when comparing equivalent work. Governmental research also found that a man's salary on marriage increased while the women's salary on marriage, decreased. There is more promotion for male employees than for female and male apprentices outnumber female apprentices by 5 to 1.

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