Facts
X. is the developer of a "Foxtown" shopping center in Mendrisio, which includes around forty stores that meet the definition of "factory outlets". The "Foxtown" center in Villeneuve, owned by the Caisse Cantonale Vaudoise des Retraites Populaires, has been granted authorization to transform and expand an existing multi-purpose center to install a "Foxtown" center. X. has requested that the Department of the Economy of the Canton of Vaud consider the "Foxtown" center in Villeneuve as a business meeting the needs of tourism, in order to be able to employ personnel on Sundays without official authorization.
The Employment Service of the Canton of Vaud rejected this request, considering that the "Foxtown" center did not meet the needs of tourism within the meaning of Art. 41 para. 1 of Ordinance II on the implementation of the Federal Labor Act (OLT2). The Department of the Economy then upheld X.'s appeal and recognized the "Foxtown" center in Villeneuve as a business meeting the needs of tourism within the meaning of Art. 27 para. 2 let. c of the Federal Labor Act (LTr).
The UNIA association and other co-plaintiffs appealed against this decision, which was annulled by the Administrative Court of the Canton of Vaud. X. then appealed to the Federal Supreme Court, which ultimately dismissed his appeal.
Considerations
The Federal Supreme Court considered that the "Foxtown" center in Villeneuve did not meet the needs of tourism within the meaning of Art. 27 para. 2 let. c LTr and Art. 41 para. 1 OLT2. According to case law, an exemption from the prohibition of Sunday work must be interpreted restrictively, in order not to empty…