Night and Sunday work can be ordered in the event of a power shortage
Companies can now be granted a temporary permit to work at night or on Sundays in the event of measures ordered by the authorities to prevent or overcome a gas or electricity shortage.
The Federal Council has adopted a corresponding revision of Ordinance 1 to the Labor Act (ArGV 1), according to which night or Sunday work can be ordered by the authorities for a limited period in companies. This applies to times when energy is scarce. The amendment comes into force on April 1, 2024.
By adding a new paragraph 1bis, Article 27 ArGV 1 now explicitly states that an energy shortage constitutes an urgent need that justifies the granting of temporary permits for night or Sunday work by the cantonal authorities.
Avoid short-time work
Companies with such a permit are therefore allowed to employ their workers in such a way that energy can be saved and consumption peaks can be avoided. Thanks to this flexibility, working hours could be organized in such a way that work is carried out at times of low energy consumption, i.e. at night and on Sundays. In the event of a shortage, this option would help to avoid additional electricity and gas quotas and rationing, short-time working and other restrictive measures.
The new paragraph will only apply if the authorities order measures due to an energy shortage. In principle, these would be the first restrictions imposed by the authorities after the voluntary savings appeals.
However, the revision does not change the existing legal situation. This is because Article 27 ArGV 1 in its current form already implicitly permits the granting of such authorizations in the event of an energy shortage. The amendment now explicitly enshrines this possibility in a separate paragraph.
Source: wbf.admin.ch
