Council of States rejects expansion of Sunday shopping for now – matter goes back to the National Council

In the small chamber, economic arguments for more flexible opening hours stood against social concerns. Supporters pointed out that brick-and-mortar retail already suffers today from a competitive disadvantage vis-à-vis online retail and the shopping possibilities at airports and train stations. Opponents warned of additional burdens on sales staff and a creeping loss of Sunday as a day of rest.

Arguments of the supporters

Among those in favour of the expansion was Tiana Angelina Moser (GLP, Zurich), who represented the matter on behalf of the preparatory commission and the Canton of Zurich. She argued that the demand for flexible shopping already exists and is merely being shifted into other channels by the current ban. Employees would not have to work more or longer as a result; they could simply be deployed on more Sundays. In her view, this creates a competitive disadvantage for location-bound retail if online and travel shopping continue to be possible without restriction.

Carlo Sommaruga (SP) took a markedly different position. He called the proposal a «Frontalangriff auf die Arbeitnehmer». His party colleague and Trade Union Federation President Pierre-Yves Maillard (SP, Vaud) appealed to members of the Council and recalled that Parliament would not deliberate on laws on a Sunday if this were possible on a Monday or Friday. Sunday should remain a day to rest, enjoy family life, and participate in social life.

Arguments of the opponents

Resistance also came from the bourgeois camp. Jakob Stark (SVP) spoke of a «Sonntagsallianz» and described Sunday with the words «Erholung, Auswärtsessen, Freizeit, Beziehungen». Andrea Gmür-Schönenberger (The Centre, Lucerne), who is generally in favour of liberalising opening hours, nevertheless rejected the bill in the vote. She called Sunday an «Atempause unserer Gesellschaft» that should not be given up.

Federal President Guy Parmelin had spoken in the Council in favour of the expansion. He argued on federalist grounds: the cantons could decide for themselves whether and to what extent they wished to allow additional Sunday shopping. In doing so, it should not always be the same employees who have to work on Sundays. The large chamber and the preparatory commissions had likewise spoken out in favour of the bill, as had a majority of the cantons, as emerged from the Federal Council's proposal.

In substance, the debate also revolved around the concrete effects on sales staff. Jositsch, who as Zurich Council of States member voted against the initiative from his own canton, warned that more Sunday shopping would raise costs without increasing revenues, and would harm small shops in particular. «Ich stelle mich natürlich ungern gegen eine Initiative meines Kantons», he said. In his view, what is liberal in his political self-understanding is not economic, but rather related to the interpretation of social values: «Das Liberale bezieht sich nicht auf den Liberalismus, sondern darauf, wie man die sozialen Werte auslegt: liberal halt.»

Jositsch against the Zurich initiative

In his speech, Jositsch also chose an image from everyday life in Zurich's city centre. He said he had practically been living on Bahnhofstrasse recently. «Dort gibt es keine speziellen Läden mehr», but only chains such as Prada and Chanel. He thereby picked up on an argument raised against the expansion of Sunday shopping: that small and owner-operated shops would suffer particularly under additional Sundays.

The background to the debate is a decision taken by the Council of States on the preceding Tuesday – by 22 to 21 votes with one abstention – not to even enter into consideration of a draft from its Economic Commission on Sunday shopping. The majority was narrow in that vote as well. The Commission had argued primarily on economic grounds: the Swiss economy is heavily affected by crises, and more flexible opening hours could boost economic output.

Study and prior history

A study by the Bern University of Applied Sciences, also debated on Tuesday, shows that exhaustion among employees in retail is particularly pronounced and disproportionately affects women. The SP Switzerland had previously pointed out that the population in several cantons had already rejected an expansion of shop opening hours.

In the final vote on Tuesday, the result in the Council of States was extremely tight, at 21 to 21 votes with one abstention. Council of States President Stefan Engler (The Centre) tipped the balance against the initiative with his vote. The matter is therefore not yet disposed of: it goes back to the National Council, which must deal with the matter anew. Should the National Council likewise reject the bill, the Council of States takes a final decision – and can reject the expansion to twelve Sunday shopping days once more.

The starting position is therefore open. Business associations and tourism-related circles, which are pushing for more flexible shopping hours, find themselves on the losing side for now after the casting vote. Trade unions, church organisations, parts of the political left, and individual bourgeois voices have formed an unusual coalition against the bill, bringing together the SP, the Greens, The Centre, and the SVP.

Political side effects

Politically, the debate is also generating movement on the margins. The Zurich SP had decided – around a week and a day and a half before the Tuesday in question – against renominating the incumbent Council of States member Daniel Jositsch for next year's Council of States elections. On the Thursday after that, i.e. after the vote, Jositsch announced his immediate departure from the SP. A prominent, nationally known Council of States member is thus leaving the party – a member who, in the Council debate, had delivered a lengthy speech, controversial within his own party, against the Zurich initiative.

The question of whether and how many Sunday shopping days should be permitted in Switzerland in future therefore remains politically unresolved. If a different majority emerges in the National Council, a procedure for resolving the differences between the two chambers would be necessary. Otherwise, the maximum remains four Sunday shopping days not requiring a permit per year, as provided by current federal law. «Gelädelet» takes place from Monday to Saturday, except on the four Sundays that the municipalities and cantons designate for Sunday shopping not requiring a permit.

Outlook on the National Council

What economic and social consequences an expansion would have was assessed differently in the debate. While supporters pointed to the competitiveness of brick-and-mortar retail and a crisis-resilient economy, opponents emphasised the value of Sunday as a common day of rest and the burden on employees, particularly women in retail. The upcoming deliberations in the National Council will show whether these majorities hold.