In Geneva, stores will finally be able to open next Sunday. This last minute turnaround is due to the Federal Court (TF). This granted suspensive effect to the appeal submitted to it by Genève Commerces and the New Organization of Entrepreneurs (NODE). The suspensive effect is only rarely granted by the TF, recalled Tuesday the secretary general of Genève Commerces Flore Teysseire. If the decision pleases the stores, it only gives them a very short time to organize themselves. Smaller brands may not be able to take advantage of this.
The unconditional opening of stores employing staff on Sunday, December 22 in the canton of Geneva was initially authorized by the Cantonal Office of Inspection and Labor Relations (OCIRT). This decision was, however, challenged in court by the SIT and Unia unions. The Administrative Chamber of the Court of Justice ruled in their favor. She considered that exceptional authorization should remain mandatory. However, the conditions to be met to obtain this authorization are so strict that it would, in reality, have prevented stores from opening next Sunday.
“Excellent news” in the eyes of the Council of State
In a press release, Genève Commerces and NODE say they deplore “the timing generated by the unions’ appeal against the OCIRT decision”. The businesses had in fact made their arrangements at the beginning of October for a Sunday opening, before having to review their plans at the beginning of December.
Now, they find themselves 5 days before the date, having to reconsider everything and some will not be able to “use this breath of fresh air more than necessary for logistical reasons”. Genève Commerces and NODE also regret the confusion in people’s minds that “these back and forths” could cause.
In a press release, State Councilor Delphine Bachmann, head of the Department of Economy and Employment (DEE), welcomed the TF’s decision. “This is excellent news for the local economy.” The magistrate also recalled that the standard employment contract provides for the payment of a 100% salary increase for staff who will work on December 22.
