Obligation of a company to contribute to the generally binding vocational training fund of the industry

Facts

The Swiss Metal Union (SMU) filed a lawsuit against X. AG, headquartered in A., for payment of a contribution to the vocational training fund of the metal construction industry. The District Court of Dielsdorf and the High Court of the Canton of Zurich upheld the claim. X. AG then filed a public law appeal to the Federal Supreme Court.

The Federal Council had declared the SMU vocational training fund generally binding in accordance with the regulations of September 15, 2004. This means that in principle all companies in the metal construction industry are obliged to pay contributions to this fund, regardless of their membership in the SMU. X. AG is not a member of the SMU, but claimed that it was exempt from this contribution obligation due to its own training services for apprentices.

Considerations

The Federal Supreme Court states that the obligation to contribute to the generally binding vocational training fund is of a public law nature. Therefore, the public law appeal is admissible.

According to the interpretation of the Federal Supreme Court, companies can only be exempted from the contribution obligation if they themselves provide services that correspond to the tasks of the vocational training fund and thus replace its activities. The mere training of apprentices in their own…