Pregnancy leads to months of lost wages

Since the lockdown in 2020 at the latest, it has become widely known that freelance musicians are poorly protected if events are canceled. At the time, coronavirus aid was granted and attempts were made to cushion the catastrophic loss of earnings for artists. What is less well known is that pregnancy is enough to cause a comparable loss of earnings.

At the beginning of September, the Federal Council recommended the motion "Pregnancy in the workplace. Close gaps, maternity protection for all employees" for rejection, as it saw no need for action. He should take a look at the music industry!

Pregnant women enjoy special protection in the workplace. If they can no longer carry out their usual work because it is too arduous or too dangerous, their employer must offer them equivalent alternative work. Eight weeks before the birth, there is also a ban on working after 8 pm. If it is not possible for the employer to offer equivalent alternative work, pregnant women must be released from work and paid 80 percent of their salary. Daily sickness benefit insurance does not cover this, as pregnancy is not an illness!

For us musicians, this means that we can no longer work eight weeks before the birth. Even strict compliance with the noise limit of 85dB(A) stipulated in the Maternity Protection Act - to protect the unborn child - sometimes leads to months-long employment bans.

For permanent employees, this is not a problem for the time being. Especially not if they are subject to a good CLA and benefit from regulations that go beyond the legal requirements. However, many musicians work on a freelance basis.

Freelancers are the basis of musical cultural life in Switzerland. No choral concert or festival can do without them. Even professional orchestras rely on them when they play large programs, their own orchestra members are ill or there are vacancies. They are contracted on a project-by-project basis, but are not considered self-employed as they usually do not organize their own concerts. As pregnant women, they are simply no longer employed - at least in the last few months.

The only option is to register with the RAV and apply for unemployment benefit. Unemployed persons who are unable to work due to illness, accident or pregnancy are entitled to full unemployment benefit until the 30th day at the latest.

However, in order to receive maternity compensation after the birth, you must have an employment contract, be self-employed or meet the eligibility requirements for ALV daily allowances. In other words, freelancers have little chance of receiving maternity compensation. For them, the Maternity Protection Act, which protects the health of the expectant mother and the unborn child - quite rightly - leads to months of total loss of earnings.

I find it hard to imagine that the situation is any different in other sectors with a high proportion of female freelancers than it is for us musicians. The motion recommended for rejection by the Federal Council demands that unemployment insurance cannot be withdrawn during pregnancy, that the number of daily unemployment benefits for pregnant unemployed people who are unable to work for health reasons be increased and that continued payment of wages be covered by EO compensation in the event of a medical ban on employment.

It is currently being discussed in the Council of States. I very much hope that the small chamber will see the need for action!

Horn player Hanna Rasche plays in the Philharmonia Zurich and is a member of the SMV trade union and the Zurich Opera House Parents' Contact Point.

Some explanations on the subject of the motion that the Federal Council is recommending for rejection and which is mentioned in the article below by Hanna Rasche.

On the initiative of the SMV and other trade unions and with the support of the SGB, Flavia Wasserfallen, member of the Council of States, submitted a motion on 13 June entitled "Pregnancy at the workplace: closing gaps - maternity protection for all employees", which aims to instruct the Federal Council to amend the legal provisions so that

- no unemployment insurance can be withdrawn during pregnancy;

- the number of ALV daily allowances for pregnant unemployed persons who are unable to work for health reasons should be increased;

- the continued payment of wages is covered by EO compensation in the event of medically issued employment bans.

These adjustments are urgently needed in order to better protect pregnant musicians who are affected by a ban on work due to sound pressure measurements in the orchestras in application of the Maternity Protection Ordinance.

Despite the problems posed by the current legal situation, the Federal Council issued a negative opinion last September 4. The motion has now been forwarded to the Council of States' Social Security and Health Committee for examination.