29.11.2024, 12:2329.11.2024, 14:26
But there is no minimum wage for residents of the cities of Zurich and Winterthur: The administrative court of the canton of Zurich overturned the rules that introduced a minimum wage on Friday. The court justified its decision by saying that they violated cantonal law.
According to federal case law, the cantons are allowed within certain limits to introduce a minimum wage as a social policy measure, according to a press release from the Zurich Administrative Court on Friday.
The minimum wages provided in the cities of Zurich and Winterthur are within the permitted limits and are consistent with economic freedom and the principle of primacy of federal law.
However, neither the constitution of the canton of Zurich nor the cantonal social assistance law left any room for the municipalities to intervene in private employment relations to avoid poverty, the court said. The regulations therefore violated cantonal law. So the court upheld the objections raised against him.
The ballot box is clear
The voters in the city of Zurich and Winterthur clearly approved the introduction of the city’s minimum wage in June 2023. In Zurich the minimum wage should be 23.90 francs an hour and in Winterthur 23 francs.
Opponents also raised legal concerns in the run-up to the vote. It was unclear before the vote whether a city minimum wage was even allowed by law.
Associations applied
After voting yes at the ballot box to the city’s minimum wage, the Chamber of Commerce and Employers of Winterthur (HAW), the SME Association of Winterthur and the surrounding area and the trade association of the city of Zurich took legal action.
They had stated from the beginning that the minimum wage was primarily the responsibility of the social partners and that municipal solutions were not allowed or sensible, the associations wrote on Friday in a press release about the ruling of the administrative court.
Municipal management would also lead to a bottleneck, which would lead to complex bureaucratic obstacles not only in terms of regulations, but also especially in implementation, they wrote.
The decision of the Zurich Administrative Court is not yet legally binding. It can be brought to the Federal Court. (sda)
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2024-11-29 17:46:00
#Court #overturns #minimum #wage #Zurich #Winterthur
## Minimum Wage Battle: A Legal Setback for Zurich and Winterthur
**World-Today-News.com Exclusive Interview**
**Zurich,Switzerland** – After a resounding public vote in favor,the introduction of a minimum wage in Zurich and Winterthur has hit a legal roadblock. The Zurich Administrative Court nullified the city-level minimum wage regulations, citing conflicts with cantonal law.
To shed light on this progress, we spoke with Dr. anna Meier, a leading expert in Swiss labor law at the University of Zurich.
**WTN:** Dr.Meier, the public in zurich and Winterthur clearly voted for a minimum wage. How do you explain this legal decision?
**Dr. Meier:** While the Swiss legal system allows cantons to introduce minimum wages as a social policy tool, the court ruled that the Zurich canton’s constitution and social assistance law do not grant municipalities the authority to intervene in private employment agreements to combat poverty. This, the court concluded, means the city-level regulations violated cantonal law.
**WTN:** So, is this the end of the minimum wage initiative in these cities?
**Dr. Meier:** Not necessarily.This ruling could be appealed, and the final decision may ultimately lie with the Federal Supreme Court. It’s important to remember that this specific case focuses on the legal validity of the cities’ actions. The broader debate surrounding the need for a minimum wage in Switzerland remains ongoing.
**WTN:** What are the potential implications of this decision for other Swiss cities considering similar measures?
**Dr. Meier:** This ruling introduces a degree of legal uncertainty for other municipalities hoping to implement local minimum wage policies. It highlights the importance of carefully aligning such initiatives with cantonal legislation to avoid potential legal challenges.
**WTN:** What are your thoughts on the balance between economic freedom and social welfare when it comes to minimum wage legislation?
**Dr. Meier:** this is a complex issue with no easy answers. Switzerland’s decentralized system allows for regional variations in social policy, but it also creates a patchwork of regulations. Striking a balance between respecting cantonal autonomy and ensuring fair working conditions across the country remains a challenge.
**WTN:** Dr. Meier, thank you for sharing your insights on this important legal development.
