Finally, businesses will be able to be open in Geneva on Sunday December 22. The two Geneva associations – Genève Commerce and NODE – won their case on Tuesday before the Federal Court. It’s the epilogue of a little soap opera at the end of the lake.
The cantonal Department of Economy and Employment authorized this special opening just before Christmas. But the Unia and SIT unions filed an appeal with the Administrative Chamber of the Court of Justice, which ruled in their favor. This opening contravened the cantonal law on store opening hours and the federal labor law. “The Canton wrongly considered that employing staff on that day could be done without specific authorization,” the satisfied unions reacted.
The trade associations appealed to the Federal Court, which ruled in their favour. According to the appellants, quoted by “20 minutes”, he argued that “retail businesses had a clear economic interest in remaining open that day, given the difficulties facing this sector in the border cantons due to of shopping tourism abroad.
The unions reacted to this decision and deplore “this order which effectively authorizes businesses to violate the law and trample on the popular will”. They note with regret that “the Federal Court qualifies as a ‘public’ interest that of businesses in increasing their turnover, which it contrasts with that of the protection of workers, which weighs visibly less in its eyes.”
But for State Councilor Delphine Bachmann, head of the Department of Economy and Employment: “This is excellent news for the local economy.” She points out that employees can choose to work or not. In addition, the standard employment contract provides for the payment of a 100% salary increase for staff who will work on December 22.
