20.11.2015

Timekeeping - regulation will be adjusted

The federal government provides legal certainty, but is linking simplifications on many requirements


The topic is a perennial favorite in the labor law. Basically, the law stipulates that employees must record their working hours in detail. This makes sense, since otherwise compliance with the numerous regulations can not be verified as working. The detailed recording includes

  • daily and weekly working time incl. time stamp
  • position and duration of breaks of 30 minutes or more

Nevertheless, there always has been a call for administrative simplifications. After the seco had presented variously adapted proposals, the regulation will now be adjusted with effect from 1 January 2016.

A waiver of time recording is only possible under a collective labor agreement (GAV) and only for those who

  • have a high degree of autonomy and can set their own working time by the majority (min. 50%)
  • have a gross annual income of more than CHF 120,000
  • agree with the waiver

In this case the employer must carry out a list of these people incl. waiver for every single employee affected. Further provisions for health protection should be observed.

A simplified timesheet is possible for people who can set their own working hours to a well-known part (min. 25%). This requires an agreement between the employer and employee (employee representative, majority of employees or - in companies with fewer than 50 employees - individually).

Furthermore the total duration of the daily work done must be documented. At night and Sunday operations, also start and end of working time must be noted.

Note: All labor protection rules remain valid! That means night and Sunday work are subject to authorization, there are minimum breaks and rest periods.

Employees yet shall be free to make more detailed records of their working time, it's the employer's responsibility to provide a suitable tool.

Source: www.admin.ch