OFFICE OF «THE AMIABLE COMPOSITEUR»

November 2014

Martine Brunschwig Graf, President BAC, former member of Swiss Parliament

90’s: Increasing problems Abuse cases as in the headlines of the

medias

Diplomatic status versus local legislation

A reputation problem fort the diplomatic community in Geneva and in Switzerland

1995: WTO installing in Geneva With WTO, increasing number of

diplomats installing in Geneva Necessity to find solutions to working

conflicts involving diplomats and foreign representations

Cooperation between cantonal authorities of Geneva and Swiss Ministry of Foreign Affairs

Increasing potential of problems Diplomats and international employees

in Geneva 1920: 200 2013: 42’000 36 International organisations, 253 foreign

representations, + 250 NGO

How to solve a tricky situation? Amiable settlement works better than

endless procedures Pragmatic solutions and realistic

amounts Unbiased hearings with both parties Amiable settlement signed by parties

under the auspices of Amiable Compositeur

BAC: What? Mediation office mandated by Geneva

Government, with agreement of the Federal Department of Foreign Affairs

Central mission: amiable settlement in working disputes involving employers with diplomatic status

BAC: Who? Three Amiables Compositeurs;

designation by Geneva Government Isabel Rochat, former member of Geneva

government Francis Amar, former ICRC Delegate Martine Brunschwig Graf (P), former

President of Geneva Government and former member of Swiss Parliament

BAC: How

A call, an email, a mail, without formality Answer to any questions connected with

the relationship beetween employees and employers

Negociation of amiable settlement Logistical support in special cases Free of charge interventions

Profile of the plaintiff 50 - 60 % women 87 - 90 % employees Way of approach: Hearsay, Swiss

permanent Mission, social institutions, trade unions,

Universal problem: 5 continents More and more preventive consultation

Short informations about BAC1995 – 2013 Total : 1’135 cases Total amounts paid by employers: CHF:

2.7 millions Direct amiable settlements concluded:

256

Continual sollicitations

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

Moy

0

10

20

30

40

50

60

70

80

90

18

36

44

66

4348 46

6368

61 6166

84

71

62

72

78 77

71

59.7368421052632

18

24

30

48

33 34 34

56 57

43

54 55

73

57

46

5358

54 55

46.42105263157891. Total Sollici-tations traitées dans l'année

2. Total Nou-velles sollicita-tions

Various thematics About 40%: dismissal conditions (period

of notice, severance pay, ) About 30%: respect of work contract

(salary, holidays, overtime, social insurances, etc)

Traffic or abuse of human beings: 6 - 10%

Various abuses: 6 à 10%

Searching Equity Culture Shock Balanced solutions Invisible part of iceberg Faith and credibility