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Marcel C. Steinegger
The Federal Council has issued new regulations on recording of working time, which entered into force on 1 January 2016. The revised rules in the Regulation No. 1 to the Employment Act (Employment Act Regulation 1) are intended to relax the duties on recording working time for employees that have a large degree of freedom in how they structure their work and can generally determine their working times themselves.
According to the new rules, employees that have a large degree of autonomy and a gross annual salary, including bonus, of more than CHF 120’000 and who can predominantly determine their own working times, may dispense with the recording of working time, as long as the dispensation is provided for in a collective employment agreement. There is no dispensation but nonetheless a simplified recording of working time, meaning the simple recording of the time worked daily, for employees that are able to determine a significant part of their working times themselves. For this, however, a collective agreement between employer and employee representatives of an industry or company is required, or where that does not exist an agreement between the employer and a majority of the employees. In businesses with less than 50 employees, the recording of working time can be agreed individually with each employee. Employees with no freedom to determine their own working times must continue to record their working times systematically and without interruptions, recording the start and end of each period of work, the length and place where breaks of half an hour or more are taken and all rest days and compensated rest days.
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