Facts
On 16 January 2013, the State Council of the Canton of Ticino set 1 April 2013 as the date of entry into force of binding collective employment contracts with minimum wages for workers (low-skilled employees) in the electrical equipment manufacturing and computer, electronic and optical products manufacturing sectors. Several public limited companies and industrial associations filed public law appeals with the Federal Supreme Court, requesting the annulment of these decrees.
The Federal Supreme Court dismissed the appeals to the extent that they were admissible.
Considerations
The appellants complained of a violation of federal law and its derogatory force, as the State Council would have imposed minimum wages without the prerequisites provided for in Art. 359 et seq. CO being given. They also argued that the wage dumping used to justify the measures was based on incorrect findings and that the Tripartite Commission had simply set an abstract minimum subsistence wage of CHF 3,000 per month.
The Federal Supreme Court dismissed these criticisms. It clarified that Art. 360a CO provides for the possibility of establishing differentiated minimum wages in a normal employment contract, if wages below the usual level (wage dumping) are repeatedly and abusively offered within a sector or occupation. This condition was ascertained by the Tripartite…