Navigating the complexities of Swiss labour law is crucial for any company employing individuals in the country. Switzerland's Labour Act (ArG) and its associated ordinances set clear rules regarding working hours, rest periods, and overtime, designed to protect employee health and safety. Compliance with these regulations is not just a legal requirement but also essential for maintaining fair and productive employment relationships. Understanding these rules is particularly important for foreign companies operating in Switzerland, whether through a local entity or by utilizing an Employer of Record service.
Adhering to Swiss working time regulations involves more than just tracking hours; it requires a detailed understanding of maximum limits, mandatory breaks, specific rules for different types of work (like night or weekend shifts), and the proper recording of all working time. Employers must ensure their practices align with these legal standards to avoid potential penalties and ensure employee well-being.
Standard Working Hours and Workweek
The Swiss Labour Act defines maximum weekly working hours based on the type of employment. These limits are designed to prevent excessive workloads and protect employee health.
| Type of Employment | Maximum Weekly Hours |
|---|---|
| Industrial enterprises, office staff, technical staff | 45 hours |
| Other employees | 50 hours |
These maximums represent the upper legal limit for a standard workweek. Many collective bargaining agreements (CBAs) or individual employment contracts may stipulate shorter standard workweeks (e.g., 40 or 42 hours). However, the legal maximums serve as the basis for calculating overtime.
Overtime Regulations and Compensation
Overtime occurs when an employee works beyond the contractual or standard working hours, up to the legal maximum weekly hours (45 or 50). Work exceeding these legal maximums is considered "excess hours" (Überzeit) and is subject to stricter rules.
- Overtime (Mehrarbeit): Work exceeding the contractual or standard hours but within the legal maximum (45/50 hours).
- Compensation: Typically compensated at the ordinary wage rate, often with a supplement if stipulated in the contract or CBA. Can often be compensated with equivalent time off.
- Excess Hours (Überzeit): Work exceeding the legal maximum weekly hours (45 or 50 hours).
- Compensation: Must be compensated with a wage supplement of at least 25%. Can be compensated with equivalent time off only if the employee agrees and the time off is granted within 14 weeks.
- Limits: Excess hours are limited. For employees subject to the 45-hour week, excess hours are limited to 170 hours per year. For those subject to the 50-hour week, the limit is 140 hours per year. Daily working time, including excess hours, generally cannot exceed 11 hours.
Rest Periods and Break Entitlements
The Labour Act mandates specific breaks during the workday and minimum rest periods between workdays and workweeks.
| Working Time Duration | Minimum Break Duration |
|---|---|
| Over 5.5 hours | 15 minutes |
| Over 7 hours | 30 minutes |
| Over 9 hours | 60 minutes |
These breaks must be taken during working hours and are generally considered paid time if the employee is not allowed to leave their workplace.
- Daily Rest: Employees are entitled to a continuous rest period of at least 11 hours per 24-hour period. This can be reduced to 9 hours in certain circumstances, provided the average over two weeks is still 11 hours.
- Weekly Rest: Employees are entitled to a continuous rest period of at least 25 hours per week, which must include Sunday.
Night and Weekend Work
Work performed during specific periods is subject to additional regulations and often requires permits.
- Night Work: Work performed between 11 PM and 6 AM.
- Occasional Night Work: Requires a permit and a wage supplement of at least 25%.
- Regular Night Work: Requires a permit and compensation in the form of a 10% time-off supplement over a year. Health checks are also mandatory.
- Sunday Work: Work performed between Saturday 11 PM and Sunday 11 PM.
- Occasional Sunday Work: Requires a permit and a wage supplement of at least 50%.
- Regular Sunday Work: Requires a permit and compensation in the form of equivalent time off within four weeks.
Permits for regular night or Sunday work are only granted if the work is essential for technical or economic reasons.
Working Time Recording Obligations
Employers in Switzerland have a legal obligation to accurately record the working hours of their employees. This is crucial for demonstrating compliance with the Labour Act's provisions on maximum working hours, overtime, and rest periods.
The recording must include:
- Daily and weekly working hours.
- Compensatory time off taken.
- Rest periods exceeding 30 minutes.
While detailed recording is the standard, simplified recording may be possible for employees with significant autonomy over their working hours, provided certain conditions are met and agreed upon. However, the general rule requires precise tracking of start times, end times, and breaks. This documentation must be kept readily available for inspection by the authorities.
