ILO's social criteria in Swiss legislation
ILO fundamental conventions in Swiss legislation.
Biofuels
To promote biofuels, Swiss legislation provides for an exemption from mineral oil tax where certain conditions are met. These include the requirement that production conditions be socially acceptable and that the raw materials used to produce biofuels are sourced from land acquired legally (Art. 12b(1)(d) and (e) of the Mineral Oil Tax Ordinance; RS 641.61). With regard to social criteria, the Ordinance on the Taxation of Mineral Oils specifies that the requirements relating to socially acceptable production conditions are met if, during the production of raw materials and the manufacture of biofuels, the social legislation applicable at the place of cultivation and the place of production, or at least the fundamental conventions of the International Labour Organization (ILO), are complied with (Art. 19d(1)(b) OImpmin; RS 641.611).
Tax relief is granted only to importers and manufacturers who can demonstrate that their fuels meet the minimum requirements. Importers or manufacturers must certify on a case-by-case basis, by means of a personal declaration, that these requirements are met. SECO subsequently verifies the plausibility of the evidence relating to the social criteria and forwards its assessment to the Federal Office for Customs and Border Security, which issues the official decision on the exemption.
Public procurement
The Public Procurement Act and Ordinance (PPA and PPO, revised in 2021) aim to ensure that public funds are used economically and in a manner that has sustainable economic, environmental and social effects (Art. 2(a) PPA).
When the Confederation awards public contracts, tenderers must comply with the rules on worker protection, working conditions and equal pay for women and men (social criteria). These social criteria apply to all services contracts performed in Switzerland.
Public contracts for services performed abroad are awarded only to tenderers who comply at least with the fundamental conventions of the International Labour Organization (ILO) (Art. 12(2) PPA). If the legislation at the place of performance is more stringent, tenderers must comply with it. Furthermore, the contracting authority may require compliance with other important ILO conventions ratified by Switzerland (Art. 4(2) PPO).
SECO's DAIN department (International Labour Affairs) supports procurement services in implementing these requirements and advises them on aspects relating to social criteria in public procurement.
The recommendations of the Federal Procurement Conference (CA) on sustainable public procurement provide detailed information on social criteria and their monitoring.
The Knowledge Platform on Responsible Public Procurement PAP (in German) is continuously updated with new tools and recommendations.
The guide and its accompanying standards analysis tool, developed by SECO and the International Trade Centre (ITC), provide comprehensive information on social sustainability in public textile procurement. They provide a detailed assessment of 23 private standards covering the textile supply chain, based on the 10 fundamental ILO conventions, each with an independent verification mechanism. The guide sets out how to incorporate these standards into tender procedures, while the analysis tool details the specific requirements of each standard.
Tool for assessing the risk of violations of the ILO’s fundamental conventions
To verify effective compliance with the ILO’s fundamental conventions, the authorities responsible for implementing these provisions must require appropriate evidence.
Where there is a risk of non-compliance, authorities are encouraged to require additional evidence beyond the tender’s declaration. Such evidence may take the form of a label or on-site audits.
To support the public authorities, SECO, in collaboration with the ILO, has developed a Tool for Assessing the Risk of Violations of the ILO’s Core Conventions. The purpose of this tool is to provide clear, simple and transparent information on the situation in each country regarding the application of the ten ILO core conventions in the form of risk assessments. This information can be used, alongside other factors, to determine whether an on-site audit is warranted.
Access to this tool can be requested here: Form
Index
Related topics
The social dimension of sustainable development
SECO is committed to the social dimension of sustainable development.
Foreign economic policy and international labour standards
SECO ensures that international labour standards are integrated into Switzerland’s foreign economic policy.
Contact
Labour Directorate
International Labour Affairs
Holzikofenweg 36
CH - 3003 Bern