Gender Equality Act (GEA)
Inserted by No I of the FA of 14 Dec. 2018, in force from 1 July 2020 to 30 June 2032 (AS 2019 2815; BBl 2017 5507).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 13a Obligation to conduct an equal pay analysis
1 Employers who employ 100 or more employees at the start of any year shall conduct an internal equal pay analysis for that year. Apprentices are not regarded as employees for this purpose. 2 The equal pay analysis shall be repeated every four years. If the number of employees falls below 100 during this period, the equal pay analysis shall be repeated when the number reaches 100 again. 3 If the equal pay analysis indicates that equal pay requirements are being met, the employer concerned shall be exempted from the obligation to conduct an analysis.
Art. 13b Exception to the obligation to conduct an equal pay analysis
The obligation to conduct an equal pay analysis does not apply to employers: a. that are subject to verification of equal pay compliance as part of a procedure for the award of a public contract; b. that are subject to such verification in terms of an application for subsidies; or c. that have already been subject to such verification and have proven that they meet the requirements, unless more than four years has elapsed since the reference month.
Art. 13c Method of equal pay analysis
1 The equal pay analysis shall be conducted according to a scientific method and in accordance with the law. 2 The Confederation shall provide all employers with a standard analysis tool free of charge.
Art. 13d Audit of the equal pay analysis
1 Employers subject to the Swiss Code of Obligations shall have their equal pay analysis audited by an independent body. They may choose between: a. a firm of auditors licensed under the Auditor Oversight Act of 16 December 2005; or b. an organisation under Article 7 or an employees’ representation in accordance with the Participation Act of 17 December 1993. 2 The Federal Council shall lay down the criteria for training the lead auditors. 3 The Federal Council shall regulate the conduct of the audit of the equal pay analysis at federal level. 4 The cantons shall regulate the conduct of the audit of equal pay analyses in their fields of responsibility.
Para. 1 — SR 220 Para. 1 let. a — SR 221.302 Para. 1 let. b — SR 822.14
Art. 13e Audit by a licensed firm of auditors
1 The employer shall provide the firm of auditors all documents and provide all the information required to carry out the audit. 2 The firm of auditors shall verify whether the equal pay analysis has been conducted in a formally correct manner. 3 It shall draw up a report for submission to the management of the company audited on the conduct of the analysis within a year the conduct of the equal pay analysis.
Art. 13f Audit by an organisation or an employees’ representation
The employer shall enter into an agreement with the organisation under Article 7 or the employees’ representation on the procedure for the audit and reporting to the management of the company.
Art. 13g Information for the employees
Employers shall inform the employees in writing of the result of the equal pay analysis within one year of the conclusion of the audit.
Art. 13h Information for the shareholders
Companies whose shares are listed on a stock market shall publish the result of the equal pay analysis in the annex to their annual accounts (Art. 959c para. 1 no 4 of the Code of Obligations).
SR 220
Art. 13i Publication of results in the public sector
Public sector employers shall publish the individual results of the equal pay analysis and the audit.