New Regulations For The Recording Of Working Time

Author:Mr Thomas Stoltz and Laura Widmer
Profession:Bär & Karrer
 
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On 4 November 2015, the Swiss Federal Council announced to amend the working time record keeping requirements to reflect new working time models of employees granted high working time autonomy, such as employees performing work outside the premises of their employers or employees not required to perform work during specific hours.

The new rules allow, under specific circumstances, to deviate from the general obligations of detailed working time recording. They intend to set clear rules on how to record working time, to reduce the employers' administrative burden and to strengthen the implementation of the Swiss Labour Law Act.

The revised regulation on working time record keeping introduces articles 73a and 73b in the Ordinance 1 to the Swiss Labour Law Act. The new provisions will enter into force on 1 January 2016.

Background

The current working time recording obligations contained in the Swiss Labour Act (ArG) and the Ordinance No. 1 to the Swiss Labour Act (ArGV 1) require employers to ensure that all their employees that are subject to the time-keeping regulations (i.e. all employees except those in very senior and executive positions) maintain a detailed recording of their working time.

To be recorded are the daily and weekly working hours, including compensation time and overtime as well as their location, the permitted weekly time off or compensation time, and the location and duration of breaks half an hour or longer in length (article 73 para. 1 lit. c - e ArGV 1).

The rapid development of communication technology has changed the way of work: Many employees also work from remote and outside regular office hours. As a consequence, the strict time keeping obligations have been criticized as unrealistic and impractical.

On 1 January 2014, a directive by the State Secretariat for Economic Affairs (SECO) entered into force. It gave certain members of staff the option to forego minutely detailed timekeeping and to only record their daily working hours instead, while the political discussions on simplifying the work tracking obligations continued.

Applicability and Entry into Force of the New Provisions

As of 1 January 2016, the new provisions on recording of working time will enter into force.

Whereas article 73a ArGV 1 concerns the waiving of the working time recording, article 73b ArGV 1 deals with simplified working time recording:

Art. 73a ArGV 1: Waiver of Working Time Recording

Under the revised regulations, employees with a work...

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