Geneva: Traders appeal to the TF over the refusal to open on December 22

“Genève Commerces” and the “New organization of entrepreneurs” (NODE) ​​will appeal to the Federal Court (TF) against the decision of the Geneva Court of Justice saying no to a generalized Sunday opening of businesses on December 22, 2024. The two associations believe that “this situation weakens the already damaged Geneva retail trade”.

Traders emphasize that this opening would have livened up the streets and encouraged local purchasing. It would also have made it possible to remain competitive with shopping tourism in neighboring France which allows extremely liberal Sunday openings as well as with e-commerce, according to their press release.

Indeed, according to them, the context is “critical for Geneva business which is significantly behind in its sales compared to other Swiss regions. These difficulties would also have an impact on employment and the 18,000 employees in the sector, as well as on consumers who will have to turn to other, more welcoming places.

Genève Commerces and NODE are also disappointed for the employees who, in number, had already expressed their desire to work on this date. They would have benefited from higher compensation in Geneva than what the federal labor law provides, i.e. 200% compensation.

Authorization from the Department

The Department of Economy and Employment had authorized general opening on the Sunday before Christmas without businesses having to obtain specific authorization from the Labor Inspectorate. The SIT and Unia unions appealed to the Administrative Chamber of the Court of Justice. The latter ruled that exceptional authorization should remain mandatory.

“The conditions for authorization are so strict that no store will open that Sunday,” lamented Flore Teysseire, general secretary of Genève Commerces, interviewed by Keystone-ATS.

The two associations are also aware of the low probability that the Federal Court will render a decision within a few weeks. However, it is necessary for the High Court to rule on questions of principle, such as that of the opening of stores subject to the existence of a Collective Labor Agreement, they believe.

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