Facts
Company X. SA, active throughout Switzerland, employs around fifteen "technician-inspectors" responsible for selling and providing after-sales service for fire extinguishers. On January 8, 2002, the company installed a satellite GPS tracking system on its company vehicles. On the following January 31, a technician-inspector filed a complaint with the Geneva Cantonal Office of Inspection and Labor Relations, considering that this system was an infringement on his personality.
The Cantonal Office ordered the company to remove the tracking system, considering that it was contrary to Art. 26 of Ordinance 3 relating to the Labor Law (OLT 3) as it allowed for systematic, long-term, targeted and preventive monitoring of the behavior of workers. The company appealed this decision, arguing that the system was not intended to monitor the behavior of its employees, but pursued legitimate objectives such as vehicle anti-theft protection, rationalization of work management, and monitoring of employee activity.
Considerations
The Federal Tribunal ruled that, although aimed at a public law objective (the protection of the health and personality of workers), the decision to prohibit the tracking system concerned "rights and obligations of a civil nature" within the meaning of Art. 6 para. 1 ECHR, insofar as it directly influenced the content of the employment contract between the company and its employees.
Regarding the legality of the tracking system, the Federal Tribunal considered that Art. 26 OLT 3, which aims to protect the physical and mental health as well as the personality of workers, was in accordance with the principle of legality. However, its application implies respecting the principle of proportionality.
After examining the various objectives invoked by the company, the Federal Tribunal…