Working time regulations in Switzerland are primarily governed by the Labor Act (ArG) and its associated ordinances. These laws establish the framework for standard working hours, rest periods, and conditions for special types of work like night or weekend shifts, aiming to protect employee health and safety.
Employers operating in Switzerland, or employing individuals under Swiss law, must adhere strictly to these regulations. Understanding and implementing compliant working time practices is crucial for legal operation and employee well-being.
Standard Working Hours and Workweek Structure
Swiss law defines maximum weekly working hours depending on the category of employment. These limits are set to prevent excessive workloads and ensure adequate rest for employees.
The maximum weekly working hours are:
- 45 hours for employees in industrial enterprises, office staff, technical employees, and retail staff in large distribution companies.
- 50 hours for all other workers.
Individual employment contracts or collective bargaining agreements (CBAs) may stipulate shorter standard working hours, but they cannot exceed the legal maximums. The workweek typically runs from Monday to Friday, but variations are possible depending on the industry and specific role, provided rest period requirements are met.
Overtime Regulations and Compensation Requirements
Work performed beyond the contractually agreed-upon hours is generally considered overtime. Work exceeding the legal maximum weekly hours (45 or 50) is specifically termed "excess hours" (Mehrarbeit) under the Labor Act and has distinct compensation rules.
Overtime is permissible only when necessary, such as due to exceptional workloads or urgent tasks, and must not endanger the employee's health.
Compensation for overtime depends on whether it constitutes standard overtime (within legal maximums) or excess hours (exceeding legal maximums):
- Standard Overtime: Work exceeding contractual hours but within the 45 or 50-hour legal limit.
- Compensation is typically time off of equal duration.
- If not compensated by time off within a reasonable period (often 14 weeks unless otherwise agreed), it must be paid at the employee's regular wage rate (100%).
- Excess Hours: Work exceeding the legal maximum of 45 or 50 hours per week.
- Must be compensated with a wage supplement of at least 25%.
- Can be compensated by time off plus the 25% premium, or by payment at 125% of the regular wage.
- For office staff, technical employees, and retail staff in large distribution companies, excess hours up to 170 per year are not subject to the 25% supplement if the gross annual salary exceeds a certain threshold (as defined by law, currently CHF 120,000).
The total working time, including overtime and excess hours, must not exceed 14 hours per day and 60 hours per week.
Rest Periods and Break Entitlements
Ensuring sufficient rest is a fundamental aspect of Swiss labor law. Employees are entitled to mandatory daily and weekly rest periods, as well as breaks during the workday.
- Daily Rest: Employees must be granted a minimum of 11 consecutive hours of rest per 24-hour period. This can be reduced to 9 hours in exceptional circumstances, provided the average over two weeks is still 11 hours.
- Weekly Rest: Employees are entitled to at least one full day (24 consecutive hours) of rest per week, typically Sunday, in addition to the daily rest period. This results in a total weekly rest period of at least 35 consecutive hours.
- Breaks: Employees working more than 5.5 hours per day are entitled to paid breaks. The duration of breaks depends on the total daily working time:
| Daily Working Time | Minimum Break Duration |
|---|---|
| > 5.5 hours | 15 minutes |
| > 7 hours | 30 minutes |
| > 9 hours | 60 minutes |
Breaks taken on the workplace premises are considered working time if the employee is not free to leave their workstation.
Night Shift and Weekend Work Regulations
Night work (between 11:00 PM and 6:00 AM) and Sunday work are generally prohibited in Switzerland. They are only permitted if necessary for technical or economic reasons and require official authorization from the relevant authorities (typically the State Secretariat for Economic Affairs - SECO, or cantonal labor inspectorates).
- Temporary Night/Sunday Work: Requires a permit and triggers specific compensation requirements.
- Night work: A wage supplement of at least 25% or time off of equal duration.
- Sunday work: A wage supplement of at least 50%.
- Regular Night/Sunday Work: Requires a permanent permit and triggers different compensation rules.
- Night work: A time compensation of 10% of the time worked during the night period.
- Sunday work: Must be compensated by time off. If Sunday work is performed regularly, the employee is entitled to a compensatory day off within the preceding or following week.
Employees engaged in regular night work are also entitled to health checks.
Working Time Recording Obligations for Employers
Employers in Switzerland have a legal obligation to accurately record the working hours of their employees. This is essential for ensuring compliance with the Labor Act regarding maximum working hours, overtime, rest periods, and breaks.
The recording must include:
- Daily and weekly working hours.
- Overtime and excess hours worked.
- Breaks taken.
- Daily and weekly rest periods.
- Any night or Sunday work performed.
The method of recording can vary (e.g., manual timesheets, electronic systems) but must be precise and verifiable. Records must be kept for a minimum of five years and presented to the authorities upon request during inspections. This documentation serves as proof of compliance with labor law requirements.
