Art. 63 BV gives the Confederation exclusive competence for vocational education and training. The Confederation may regulate all aspects of vocational training (Hänni, BSK BV, Art. 63 N. 2-15). This federal competence is comprehensive and applies to all professional sectors, not just to specific economic sectors as previously (BBl 2000 5686, 5691 f.).
Vocational education and training comprises three areas: initial vocational education and training (apprenticeship), higher vocational education and training (federal certificates and diplomas) and work-oriented continuing education and training (BGE 130 III 182). Unlike schools, where the cantons have competence, the Confederation regulates vocational education and training centrally. This ensures uniform standards throughout Switzerland.
The Confederation must promote a broad and permeable range of programmes (Art. 63 para. 2 BV). Permeable means: Those who complete an apprenticeship can later study. Those who have studied can complete an apprenticeship. It should also be possible to switch from one profession to another (Hänni, BSK BV, Art. 63 N. 16).
Concrete examples: The Confederation enacts the Vocational and Professional Education and Training Act (VPETA). This regulates how a cooking apprenticeship or commercial basic education must proceed. Private organisations such as trade associations may conduct examinations. The Federal Administrative Court has confirmed that this is permitted (Judgment B-4164/2021).
Those who complete an apprenticeship can attend a university of applied sciences via the federal vocational baccalaureate. Those who have studied can complete a shortened apprenticeship in two years. This permeability is guaranteed under constitutional law (BVGE 2017 IV/2).
Vocational education and training is jointly financed by the Confederation, cantons and employers. In some sectors, all companies pay into a vocational education and training fund. This is legally permissible (Judgment 2C_58/2009).
The Federal Constitution of 1874 gave the Confederation competence only for specific economic sectors. Since 1999, the Confederation may regulate all professions. This was necessary because new professions have emerged, particularly in the service sector (SG Komm. BV-Ehrenzeller, Art. 63 N. 3).
N. 1 The federal competence for vocational and professional education and training has its roots in Art. 34ter para. 1 lit. g of the Federal Constitution of 1874, which conferred on the Confederation the power to legislate on professional training in industry, trade, commerce, agriculture and domestic service. The total revision of the Federal Constitution of 1999 adopted this competence in Art. 63 FC and simultaneously extended it to all professional fields (Hänni, BSK BV, Art. 63 N. 1).
N. 2 The Message on a new Federal Constitution of 20 November 1996 (BBl 1997 I 1, 260) emphasized the necessity of a comprehensive federal competence to guarantee uniform standards and mobility in vocational and professional education and training. The constitutional revision was intended to eliminate the previous restriction to certain economic sectors (BBl 2000 5686, 5691 f.).
N. 3 The wording of para. 2, according to which the Confederation promotes a «diverse and accessible range» of programmes, was deliberately chosen to constitutionally anchor the vertical permeability between different educational levels and the horizontal permeability between different educational pathways (Hänni, BSK BV, Art. 63 N. 16).
N. 4 Art. 63 FC is systematically classified in Chapter 3 «Education, Research and Culture» and forms, together with Art. 61a (Swiss Education Area), Art. 63a (Universities), Art. 64 (Research) and Art. 64a (Continuing education), the constitutional foundation of the Swiss education system. Vocational and professional education and training represents an independent, equivalent educational pathway alongside academic education (SG Komm. BV-Ehrenzeller, Art. 63 N. 3).
N. 5 In relation to Art. 62 FC (School education), there is a clear demarcation of competences: while the cantons remain responsible for general education schools, vocational and professional education and training falls within the exclusive competence of the Confederation. This distribution of competences reflects the nation-wide importance of uniform vocational training standards (Hänni, BSK BV, Art. 63 N. 2-15).
N. 6 The connection to Art. 27 FC (Economic freedom) is disputed in the doctrine. While Biaggini (Komm. BV, Art. 63 N. 2) regards the freedom of occupational choice as guaranteed by Art. 27 FC, Thürer/Kiener (Verfassungsrecht, Rz. 10) take a different view and see independent fundamental rights content in the vocational education guarantee.
N. 7Vocational and professional education and training encompasses, according to Federal Supreme Court case law (BGE 130 III 182) and the prevailing doctrine, all systematic learning processes that lead to the acquisition of qualifications required for the practice of a professional activity. This includes initial vocational education and training, higher vocational education and training and career-oriented continuing education (Hänni, BSK BV, Art. 63 N. 4-6).
N. 8 The competence under para. 1 is a comprehensive federal competence with subsequent derogatory effect. The Confederation may regulate vocational and professional education and training conclusively; cantonal law is only permissible insofar as federal law leaves room. The Federal Supreme Court has confirmed this comprehensive nature in consistent case law (judgment 2A.249/2002 of 7 November 2002).
N. 9 The diverse range under para. 2 refers to the variety of training opportunities in different professional fields and at different qualification levels. The Confederation is constitutionally obligated to integrate not only traditional professional fields, but also new economic sectors and service areas into the vocational education system (Hänni, BSK BV, Art. 63 N. 16).
N. 10Accessibility requires, according to doctrine and case law (BVGE 2017 IV/2), both vertical mobility (advancement between educational levels) and horizontal mobility (transfer between different professional fields). This includes the recognition of prior learning and the creation of bridges.
N. 11 The legislative competence under para. 1 gives the Confederation the power to enact the Vocational and Professional Education and Training Act (VPETA) and corresponding ordinances. This competence encompasses the regulation of all aspects of vocational and professional education and training, including financing, quality assurance and supervision (judgment 2C_58/2009 of 4 February 2010).
N. 12 The duty to promote under para. 2 does not establish a direct claim to specific educational programmes, but obliges the Confederation to take active measures to ensure a diverse and accessible vocational education system. This includes financial contributions, but also regulatory measures for quality assurance (Hänni, BSK BV, Art. 63 N. 16).
N. 13 Private organisations of the working world may be entrusted with sovereign tasks, insofar as this is provided for by law. The Federal Administrative Court has confirmed that such delegations are constitutional (judgment B-4164/2021 of 4 May 2022).
N. 14Fundamental rights content: The doctrine is divided on the fundamental rights dimension of vocational and professional education and training. Biaggini (Komm. BV, Art. 63 N. 2) sees the freedom of occupational choice as guaranteed exclusively by Art. 27 FC, while Thürer/Kiener (Verfassungsrecht, Rz. 10) seek to derive independent subjective rights from Art. 63 FC. The case law has not yet definitively clarified this question.
N. 15Symbolic content of the norm: Biaggini (Komm. BV, Art. 63 N. 67) describes the constitutional anchoring of accessibility as a «significant, but hardly more than symbolic sign». This minimalist interpretation is criticized by other authors who see in Art. 63 para. 2 FC a justiciable constitutional mandate with concrete obligations to act (SG Komm. BV-Ehrenzeller, Art. 63 N. 16).
N. 16Relationship to cantonal competences: While the federal competence is fundamentally comprehensive, there is disagreement about the remaining cantonal scope of action. The prevailing doctrine recognizes cantonal competences only in the area of implementation and in the organization of vocational schools, but not in the substantive design of educational programmes (Hänni, BSK BV, Art. 63 N. 8-10).
N. 17 When designing vocational education programmes, the tripartite system must be observed: Confederation, cantons and organisations of the working world cooperate in partnership. New educational programmes require coordination between all three partners, with the organisations of the working world playing a key role in defining educational content.
N. 18 For the recognition of foreign professional qualifications, it must be examined whether bilateral agreements (particularly the Agreement on the Free Movement of Persons with the EU) apply. The accessibility obligation under Art. 63 para. 2 FC fundamentally requires a benevolent examination, insofar as the equivalence of training is given.
N. 19 In the case of reasonable accommodations in vocational and professional education and training (e.g. for disabilities), the Disability Equality Act (DDA) must be observed. The Federal Administrative Court has clarified that private examination organisations as delegated public task holders are subject to the DDA (judgment B-4164/2021).
N. 20 The financing of vocational and professional education and training occurs through various channels: direct federal contributions, cantonal contributions and vocational training funds of the sectors. In the case of vocational training funds declared generally binding, a public law contribution obligation arises that is legally enforceable (BGE 2C_58/2009).
The Federal Supreme Court confirmed the comprehensive legislative competence of the Confederation in vocational education and training. The regulation of mandatory introductory courses for apprentices under the Vocational Education and Training Act corresponds to the constitutional competence under Art. 63 Fed. Const.
«Vocational education and training is to be regulated by the Confederation (Art. 63 Fed. Const.). The Federal Act on Vocational Education and Training therefore rightfully regulates the conduct of mandatory introductory courses for apprentices and their financing.»
#Vocational education and training contributions and financing
Judgment 2C_58/2009 of 4 February 2010 E. 2.1
The Federal Supreme Court clarified the legal nature of vocational education and training contributions for vocational education and training funds declared generally binding. The contribution obligation results directly from the federal competence under Art. 63 Fed. Const. and the statutory regulation in the VET Act.
«When the Federal Council, in application of Art. 60 para. 3 VET Act, declares a sector's vocational education and training fund generally binding for all its enterprises and obliges them to pay education contributions, a corresponding performance obligation arises on the part of the enterprises based on Art. 63 Fed. Const.»
Judgment 2C_613/2007 of 15 August 2008 E. 2
The Court clarified the delimitation between tax-exempt educational services and VAT-liable turnover in the vocational education and training sector. The constitutional competence of the Confederation under Art. 63 Fed. Const. establishes comprehensive regulatory authority.
«According to Art. 63 para. 1 Fed. Const., the Confederation enacts regulations on vocational education and training. This comprehensive competence extends to all aspects of vocational education and continuing education, including the tax treatment of corresponding services.»
The Federal Administrative Court confirmed that the transfer of administrative tasks to private professional associations is constitutionally compliant. The conduct of federal professional examinations by industry organisations corresponds to Art. 178 para. 3 Fed. Const. in conjunction with Art. 63 Fed. Const.
«By conducting professional examinations and issuing decisions on the refusal of federal certificates of competence, the QS Commission performs an administrative task. As private entities that have assumed administrative tasks in conducting qualification procedures, they are to be assigned to the public sector under Art. 8 para. 2 DDA.»
#Compensation for disadvantages in vocational education and training
Judgment B-3706/2014 of 28 November 2017
The Federal Administrative Court decided on the recognition of foreign continuing education periods within the framework of medical continuing education. The federal competence under Art. 63 Fed. Const. also encompasses the recognition of professional qualifications.
The decision demonstrates the scope of federal competence in regulating recognition procedures in the vocational education and training sector.
The Federal Administrative Court dealt with deadlines for contribution applications for federal professional examinations. The statutory regulation of subject financing is based on Art. 63 Fed. Const. and serves to promote a permeable vocational education and training offer within the meaning of Art. 63 para. 2 Fed. Const.
The two-year deadline for contribution applications was confirmed as constitutionally compliant.
Judgment 2C_415/2024 of 10 April 2025 E. 1.2
The Federal Supreme Court clarified the delimitation between public-law and private-law vocational education and training offers. The decisive factor is whether the education is under state supervision and belongs to the federal vocational education and training system.
«Commercial basic education for adults can be offered in both public-law and private-law forms. What is decisive for the legal qualification is the classification within the federal vocational education and training system under Art. 63 Fed. Const.»
The Federal Administrative Court confirmed its jurisdiction for appeals against decisions on subject financing in higher vocational education and training. The federal statutory regulation under Art. 63 Fed. Const. establishes administrative court jurisdiction.
Judgment 40/2024/23 of the Higher Court of Schaffhausen of 5 September 2025
The cantonal Higher Court decided on the employment law status of participants in an integration pre-apprenticeship. The federal competence under Art. 63 Fed. Const. also encompasses special training forms for the integration of persons with a migration background.
«Participants in an integration pre-apprenticeship fall under the term 'apprentices' in the employment law sense. The integration pre-apprenticeship is part of the Swiss vocational education and training system under Art. 63 Fed. Const.»
Judgment B-5012/2015 of 27 January 2017 (BVGE 2017 IV/2)
The Federal Administrative Court dealt with the recognition of foreign professional qualifications. Art. 63 para. 2 Fed. Const. obliges the Confederation to promote a permeable vocational education and training offer, which also encompasses international aspects.
The decision shows that permeability is to be understood both vertically (between education levels) and horizontally (between different educational pathways).