The first step is to test ArG scope, sector exclusions and senior-management status; contractual employment law under the CO remains separate.
Tax& Law+7 (495) 221 31 46Discuss a matter
SR 822.11 + SR 822.111 · Editorial explanation
Working Time and Employee Protection in Switzerland: ArG and ArGV 1
ArG and ArGV 1 are in force; the official consolidations dated 1 September 2023 and 1 September 2024 were reviewed. This is an independently authored overview, not the full text or an official translation.
Key takeaways
Key takeaways
This material explains the official publication without reproducing it and is not an official translation or individual advice. Current legislation, cantonal practice and the facts must be checked before application.
Maximum working time, rest, breaks, night and Sunday work depend on worker category and permits.
ArGV 1 supplies definitions, time-recording detail and operational rules.
Employers should document actual work organisation and health protection, including remote and cross-border work.
01
Scope, exclusions and classification
ArG sets public-law limits on work and health protection but does not replace CO rules on contract, pay, leave and termination. Before counting hours, the business, workplace and activity, any special regime, the employee's age and possible exclusion are identified. A title alone does not establish senior-management status: actual decision-making authority, responsibility and autonomy matter. An international group should also document the Swiss employer, actual work location and travel pattern.
02
Working time, rest and permits
The federal framework distinguishes categories subject to a 45- or 50-hour weekly maximum, statutory excess hours under ArG and contractual overtime under the CO. Daily rest, breaks, the span of daytime and evening work, and special conditions for night or Sunday work apply additionally. Temporary and regular arrangements can require different permits and justification. Scheduling, time-off or premium compensation and employee consent are tested under the relevant rule; one category's treatment should not be applied across the workforce.
03
Records, health and enforcement
The recording system should reconstruct work periods, breaks, night and Sunday work and exceptions while retaining only necessary personal data and restricting access. Simplified recording is available only when the conditions of the relevant regime are met, not by unilateral employer choice. Risk assessment covers workload, ergonomics, psychosocial factors and remote work. In an inspection, consistency among contracts, schedules, access data, payroll, permits and actual practice matters more than templates.
Fedlex · ESTV · FINMA
Official source
This material explains the official publication without reproducing it and is not an official translation or individual advice. Current legislation, cantonal practice and the facts must be checked before application.
SR 822.11 · consolidation 1 September 2023
Fedlex · 1964-03-13 · 1966-02-01 · PDF · 32
Open the complete official publication ↗SR 822.111 · consolidation 1 September 2024
Fedlex · 2000-05-10 · 2000-08-01 · PDF · 44
Open the complete official publication ↗Smart Global Capital
Need to apply a Swiss rule to a structure or transaction?
We review classification, federal and cantonal consequences and the banking perimeter, and prepare a documented position.
Discuss the legal positionThis material explains the official publication without reproducing it and is not an official translation or individual advice. Current legislation, cantonal practice and the facts must be checked before application.