Switzerland - Federal Law supplementing the Swiss Civil Code of 30 March 1911
- Country: Switzerland
- Law status: Discriminatory law in force
- Law Type: Employment
Sex discrimination in economic status laws restricts women from being economically independent, limiting access to inheritance and property ownership as well as to employment opportunities, thereby reinforcing gender stereotypes and roles.
Unequal parental leave laws assume that the responsibility of childcare falls on women and may end up inhibiting women’s full economic participation.
Switzerland’s Federal Law supplementing the Swiss Civil Code of 30 March 1911 provides that women are entitled to 14 weeks of paid maternity leave, but there is no requirement to provide paternity leave for men.
Article 329 (f). Obligations of the employer / VIII. Days off work, holidays, leave for youth work, maternity leave…. 4. Maternity leave: After having given birth, a female employee is entitled to maternity leave of at least 14 weeks.
Note: Article 329 of the Federal Law supplementing the Swiss Civil Code is discriminatory since it does not provide any paternity leave for fathers. On 27 September 2019, the Swiss Parliament passed an amendment to Art. 329(g) introducing two weeks of paternity leave for fathers. A referendum on this amendment is expected to take place in September 2020, and the amendment will be implemented only if people vote to uphold the two-week paternity leave.
Article 8 of the Federal Constitution of the Swiss Confederation: (3) Men and women have equal rights. The law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. Men and women have the right to equal pay for work of equal value.
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