international employment law firm alliance L&E Global
Switzerland

Switzerland: Working and rest time: As of July 2023, working and rest time regulations will be made more flexible for certain industries

The working and rest time regulations applicable in Switzerland are set out in the Swiss Labour Act and the associated ordinances. Whilst Articles 9-24 of the Swiss Labour Act contain the generally applicable provisions on i.e. maximum weekly working time, overtime, maximum daytime, evening work and daily rest periods, ordinance 2 to the Swiss Labour Act sets special provisions for certain groups of companies and employees. A revision of this ordinance provides for a flexibilization of the working time and rest period provisions for information and communication technology (ICT) companies as well as for service companies in the areas of auditing, fiduciary services and tax consultancy as of July 1, 2023.

The planned revision will add two new provisions to ordinance 2 to the Swiss Labour Act.

The new article 32b concerns the working and rest time regulations for information and communication technology (ICT) companies. In certain situations, their employees with project work or time-critical assignments can now work an extended period of 17 hours (compared to previously only 14 hours). In addition, the daily rest period of such employees can be reduced from 11 to 9 hours several times a week. The resulting time flexibility is particularly important in project teams in which actors from different parts of the world are involved.

The new article 34a contains rules on maximum working time for service companies in the areas of audition, fiduciary services and tax consultancy. Their employees with a supervisor position as well as technical specialists may now agree to be employed according to a specific annual working time model. The agreement of this model means that the general rules of the Swiss Labour Act concerning maximum weekly working hours and overtime work do not apply. Instead, Art. 34a provides for a maximum annual working time of 170 hours. This is the first time that in Swiss labor law, a maximum annual working time has been laid down, albeit only for certain types of businesses. In addition, the employees concerned may work 5 hours on up to 9 Sundays per year without permission (in deviation from the general ban on Sunday work).

Overall, this revision can be seen as a first piece of puzzle in the efforts of business associations to achieve a necessary flexibilization and modernization of working conditions in Switzerland. We will of course keep our clients informed of further developments in this area.

Media release of the Swiss federal Council, May 10, 2023.