Facts
The UNIA trade union challenged the authorization granted by the Public Employment Service of the Canton of Fribourg to certain businesses on Rue de Romont to work on the Feast of the Immaculate Conception, which is a public holiday in the Canton of Fribourg. The authorization had been issued in the context of the organization of a Christmas market on this street. The Cantonal Court upheld the decision of the Cantonal Service, considering that the opening of the businesses responded to an urgent need within the meaning of Art. 19(3) EmpA. The UNIA trade union then appealed to the Federal Tribunal.Considerations
The Federal Tribunal ruled that the Cantonal Court had violated federal law in upholding this authorization. It considered that public holidays are equated to Sundays under the Employment Act and that derogations from the prohibition to work on these days must be interpreted restrictively, in accordance with case law. However, in the present case, the Christmas market in question did not have the characteristics required by case law to justify an exceptional…