Latest Rulings of the Federal Court
Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositions. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the Lexplorer portal. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.
2C_616/2024: Complaint against the Opening of Shops on Sunday, December 22, 2024, under Labor Law
Summary of the Facts
The dispute concerns the labor law permissibility of employing staff on Sunday, December 22, 2024, without prior approval. The authorities of the Canton of Geneva initially approved the opening of shops on that day. However, unions demanded a declaration that approval was required for the employment of staff, as the conditions under Art. 19 para. 6 of the Labor Law (LTr) were not met. The cantonal office for labor inspection decided that no approval was necessary, which was revised by the lower court.
Summary of the Considerations
- **E.1** Examination of the Admissibility of the Complaint: The Federal Court recognizes the standing of the complainants to file the complaint and acknowledges an interest in resolving the fundamental legal question, despite the lack of current interest, as December 22, 2024, has already passed. - **E.2** The application of the law occurs ex officio. The Federal Court examines the factual basis of the complaint according to legal requirements. - **E.3** Legal Analysis of the Lower Court: The lower court found that the employment of staff without approval was linked to a collective labor agreement (GAV), which it deemed lawful. However, the Federal Court disagrees, stating that the inclusion of the GAV violates federal law (Art. 49 BV), as the LTr conclusively regulates labor protection provisions and the conditions of Art. 19 para. 6 LTr are met here. - **E.4** The Federal Court declares that the cantonal regulation linking labor law to the existence of a GAV is incompatible with federal law and therefore invalid.
Summary of the Disposition
The complaint is upheld, the ruling of the lower court is overturned, and the decision of the cantonal office is confirmed.