Equal Pay in Switzerland
Equal pay for equal work has been a constitutional right in Switzerland since 1981. Yet the gender pay gap persists. The 2020 GlG revision gave the principle new enforcement teeth — requiring large employers to conduct wage analyses and inform their staff. Here is what equal pay means in practice.
- Swiss employment law explained for international professionals
- Legal basis, practical advice and what to do
- Relevant for expats, cross-border workers and newcomers
The Legal Framework
Equal pay is guaranteed by: Federal Constitution Art. 8(3): men and women have the right to equal pay for work of equal value. GlG Art. 3: prohibition of pay discrimination based on gender, civil status or pregnancy. Equal value does not mean identical work — it means work that is comparable in terms of skill, effort, responsibility and working conditions. The Federal Supreme Court has held that statistically significant unexplained pay differences between men and women in the same firm can constitute discrimination.
LOGIB: the Federal Wage Equality Tool
Companies with 100+ employees must use LOGIB (federal free software) to analyse their pay structure. LOGIB calculates whether pay differences between genders can be explained by objective factors (qualification, experience, function, seniority). An unexplained residual gap of more than 5% triggers a duty to act. Results must be independently audited and employees must be informed. The cycle repeats every 4 years. The audit does not automatically resolve discrimination — it creates evidence and a legal obligation to address gaps.
Claiming Unpaid Wages
Employees who believe they are being paid less than an equally qualified colleague of the other gender can: request salary justification in writing from HR (the employer need not disclose others' salaries but must justify the salary structure), file a complaint with the cantonal equality office, or bring a GlG claim before the conciliation tribunal. The reverse burden of proof applies once discrimination is made plausible. Retroactive recovery of underpaid wages is possible for up to 5 years.
Frequently Asked Questions
What counts as equal work for equal pay purposes?
Work of equal value — assessed by comparing skill requirements, physical and mental demands, level of responsibility and working conditions. Jobs need not be identical. A nurse and a technician might be assessed as performing work of equal value even in different roles.
How do I find out if I am being paid fairly compared to colleagues?
Swiss law does not require employers to publish individual salaries. However: employers must justify salary structures if asked; LOGIB results must be shared with employees; some GAV include transparency rules. Tools like the BFS Salarium calculator allow sector/region wage benchmarking.
Can I recover underpaid wages due to gender discrimination?
Yes, for up to 5 years retroactively. If discrimination is proven, the court orders the employer to pay the difference. Additional compensation for moral harm (up to 3 months' salary) may also be awarded.