Recording of working hours: Federal Council regulates exceptions

On November 4, 2015, the Federal Council adapted the recording of working hours to the realities of today's working world. It decided to introduce Art. 73a and 73b into Ordinance 1 to the Employment Act (ArGV 1). These new provisions make it possible to agree deviations from the detailed obligation to record working hours under clearly defined conditions. This restores legal certainty, reduces the administrative burden on companies and strengthens the enforcement of the Employment Act in the interests of employers and employees. The revision will enter into force on January 1, 2016.

Consider flexibility
The world of work has changed dramatically in recent decades. The majority of professional activities are now characterized by flexibility in terms of location and time. This development has meant that the Employment Act, which generally prescribes the complete and detailed recording of hours worked, no longer corresponds to the real world of work. The amendment to the ordinance adopted today remedies this situation. The revision creates two new forms of working time recording that take account of the current realities of the working world as far as legally possible. This will give employees and employers legal certainty again, reduce the administrative burden on companies and strengthen the enforcement of the Employment Act.

Two exceptions defined
The ordinance provides for two options, the first of which requires a collective employment agreement (CEA), while the second does not. According to Article 73a ArGV 1, it will be possible in future to completely waive the recording of working hours on the basis of a collective employment agreement and with the written consent of the employee. This provision is aimed exclusively at employees with a gross annual income (including bonuses, etc.) of more than CHF 120,000 who have a high degree of autonomy in the organization and timing of their work.

Article 73b ArGV 1 introduces the option of greatly simplified working time recording for employees with considerable autonomy in terms of working hours. This means that only the total duration of the daily working time must be documented. Only in the case of Sunday and night work must the start and end of the work assignment also be recorded. Simplified working time recording does not require a CLA, but only a collective agreement between the employer and the - external or internal - employee representatives.

Skeptical trade unions
The trade union Unia regrets this decision, but welcomes the fact that the exceptions are linked to clear conditions. Unia has set up the "Working Time Service" hotline to advise employees and staff committees on questions relating to working time recording and to prevent abuses. Employees can call 0848 240 240 or visit the website service-arbeitszeit.ch for free information.