Facts
The Migros Neuchâtel-Fribourg cooperative company informed the Directorate of the Economy and Employment of the Canton of Fribourg of its intention to open its Morat branch on Easter Monday, April 25, 2011, without official authorization. The Labour Inspection of the Canton of Fribourg prohibited Migros from employing workers without authorization on that date. Migros filed a complaint with the Public Employment Service (SPE) of the Canton of Fribourg, which rejected the complaint. Migros then appealed to the Cantonal Court of the Canton of Fribourg, which also rejected the appeal. Migros finally filed a public law appeal to the Federal Tribunal.Considerations
The Federal Tribunal upheld the appeal and referred the case back to the previous authority for a new decision. According to case law, exceptions to the prohibition of Sunday work must be interpreted restrictively. Art. 25 para. 2 EmpO 2 defines companies in tourist regions as those located in resorts where tourism plays a predominant role and is subject to strong seasonal variations. To benefit from the exemption from authorization provided for in Art. 25 para. 1 EmpO 2, the company must be located in such a resort and meet the specific needs of tourists. The previous authority had based itself on statistical data showing that a maximum of one third of the jobs in the municipality of Morat, or even less than 20%, were related to tourism. It had therefore concluded that tourism did not play a predominant role in this…