EMPLOYMENT ACT: SUMMARY OF KEY WORK AND REST PERIOD PROVISIONS

Similar documents
FACTSHEET ON ON-CALL DUTY

BASIC PROVISIONS OF GREEK LABOUR LAW

GLOBALG.A.P. Risk-Assessment on Social Practice (GRASP)

COMPENSATION POLICY DOCUMENTATION OF LABOR COSTS In the OPERATION OF THE CACFP REQUIRED by FNS Instruction 796-2, Rev 3

WRITTEN PARTICULARS (DOMESTIC WORKER)

REPUBLIC OF SOUTH AFRICA BASIC CONDITIONS OF EMPLOYMENT ACT

EMPLOYMENT CONTRACTS ACT

*** CHAPTER VI Length and Organization of Working Time. Section I Normal Working Time. ARTICLE 96 (Length of working time)

COLLECTIVE AGREEMENT 2014 FOR METAL, SHEET METAL, PLUMBING AND PIPING WORK BETWEEN: DANSK BYGGERI/THE DANISH CONSTRUCTION ASSOCIATION AND DANSK

Employment EMPLOYMENT (ANNUAL AND PUBLIC HOLIDAYS) ORDER. Order made under s.36.

Shift working and working time for police staff Policy

Sam Houston State University A Member of The Texas State University System

2.06 Contributions. Domestic work. Position as of 1 January 2015

Posting agreement. for salaried employees Technical areas

OPERATIONS POLICY & PROCEDURE NOTICE # 9/96

Paternity Leave Policy. This policy will support staff and managers through applications for ordinary and additional paternity leave

1. NAME OF EMPLOYER: The Board of Management of Aberdeen College (hereinafter referred to as "the College")

Restructure, Redeployment and Redundancy

A Guide to the Employment Ordinance for Summer Job Students

New York Leave Laws. Presented by

EMPLOYMENT CONTRACT (PROBATIONARY APPOINTMENT) by and between. 1. DR TONY SAMPLE (hereinafter referred to as "the Employer".) and

Regulations on the Employment of Human Resources, Insurance and Social Security in the Free Zones of the Islamic Republic of Iran

Operating Policy and Procedure. DATE: February 9, 2015

Rural Wage Guide 2015/2016

A GUIDE TO THE LAW IN ALBERTA REGARDING EMPLOYMENT LAW

Employees. Table of Contents

SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE

OFFICE OF ST. JOSEPH COUNTY FRIEND OF THE COURT PARENTING (VISITATION) POLICY ( May, 2010)

19. Tax credits and flexible working

General Summary of Labor Rights in Argentina, Brazil, Chile, Colombia, Mexico, and Venezuela

How To Get A Basic Health Insurance In Swissand

Notes for preparing an employment contract

Wiltshire Council Human Resources. HR Business Continuity Plan Policy and Procedure

Canada Public Holiday and Vacation Policy

One company 8 specialisms an inclusive partnership

Kanton St.Gallen Amt für Wirtschaft und Arbeit. Essential Information for RAV Clients

MATERNITY LEAVE. It is essential that you read all the guidance in these maternity leave pages.

Working Hours Act (605/1996) (as amended by several acts, including No. 991/2010) Chapter 1. Scope of the act

Pay Guide - Children's Services Award 2010 [MA000120]

CHAPTER 8 TEMPORARY DISABILITY INSURANCE

Foreign Domestic Helpers

EU Employment Law Euro Info Centre December 2006

LABOUR STANDARDS IN QUÉBEC

ASOS Ethical Code of Conduct

The Annual Holidays Act

The Agricultural Wages (Scotland) Order (No 60) 2012

SOUTH CAROLINA BUDGET AND CONTROL BOARD OVERTIME/COMPENSATORY TIME POLICY AND PROCEDURE

SEAMEN S ANNUAL HOLIDAYS ACT (433/1984) (as amended by several acts, including No. 1071/2013)

POLAND. Lukasz Kuczkowski 1 OVERVIEW

Standard Working Hours, Overtime and TOIL

Employment Rights and Responsibilities

You & Your Workplace An overview of the terms of employment at Stockholm University

ARTICLE IX HOURS, DUTIES, AND WORK YEAR

COMPARISON TABLE - CURRENT AWARDS/MODERN AWARD

Compensatory Time Off for Travel

December 2009 HOMELESS? This leaflet explains what happens if you make a homeless application and the rules we use.

Apoteket s Code of Conduct for Sustainable Business Final version, October 2015

Memorandum. General Overview Employment Law/Sweden

Telework/Remote Work Agreement

Annual leave and bank holidays policy

Parenting Plan Worksheet

Pay Guide - Contract Call Centres Award 2010 [MA000023]

FLEXIBLE WORKING HOURS SCHEME (FLEXITIME) AND ATTENDANCE RECORDING FOR TECHNICIANS, TECHNICAL OFFICERS AND SENIOR TECHNICAL OFFICERS IN THE INSTITUTE

INTERNAL RULES ON TRAINEESHIPS IN THE SECRETARIAT OF THE EPP GROUP IN THE EUROPEAN PARLIAMENT

JOB SHARING AND/OR PART-TIME WORK ARRANGEMENTS GUIDELINES

Overtime Pay. 1. Am I entitled to overtime pay? 2. How do I calculate my overtime pay? YOUR LEGAL RIGHTS

Chapter 9. Labour Relations and Social Security. 62 PwC

GUIDE TO EMPLOYMENT LEGISLATION

MATERNITY AND PATERNITY LEAVE

Summary of the law on FAMILY FRIENDLY RIGHTS

PF2.3: Additional leave entitlements for working parents

Social and Community Services (SACS) Award (NSW) Social, Community, Home Care and Disability Services Industry (SCHCADS) Award December 2012.

Making it happen IN-HOME NURSING CARE SERVICES. Guidelines for Families

INTERNATIONAL TRAINING CENTRE OF THE ILO TURIN RULES GOVERNING CONDITIONS OF SERVICE OF SHORT-TERM OFFICIALS

LONDON BOROUGH OF BEXLEY FINANCIAL TERMS FOR REDUNDANCY AND TERMINATIONS ON GROUNDS OF BUSINESS EFFICIENCY

THE NHS STAFF COUNCIL WORKING IN PARTNERSHIP. Agenda for Change Terms and conditions of service handbook

Unsocial hours and night working

The Dutch Collective Labour Agreement for the hotel and catering industry explained

PT-812 Revised: January 2008 For Additional Information: (DSN 426) or

Wage & Hour. Frequently Asked Questions

FAMILY MEDICAL LEAVE ACT (FMLA)

BENEFITS, ENTITLEMENTS AND ALLOWANCES FOR DOD CIVILIANS DEPLOYED TO DJIBOUTI (TDY & TCS)

Sample Employment Contract Updated on 02/12/201112:37:31. Sample Part-Time Employment Contract. 1.1 Your employment will commence on (DD / MM / YYYY).

Contractor s liability and tax number in the construction sector

AUCKLAND REGION DISTRICT HEALTH BOARDS / PSA MENTAL HEALTH & PUBLIC HEALTH NURSING MULTI-EMPLOYER COLLECTIVE AGREEMENT

Hosting Service Agreement

8.7 Taxation - PAYE, NI and Pensions

ANNUAL LEAVE POLICY <USE THIS LINK TO ACCESS FURTHER MANAGER GUIDANCE RELATING TO THIS POLICY> Content

Rules and Regulations concerning LEX Working Time Management (RGT)

Hiring Agency Workers Policy

WAYNE COUNTY CIRCUIT COURT CO-PARENTING ORDER GENERAL PARENTING TIME

YOUR GROUP VOLUNTARY TERM LIFE BENEFITS. Asahi Kasei Plastics North America, Inc.

2006 GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY (AGBH 2006) as of 15 November 2006

Live-in Caregiver Employer/Employee contract

Attendance Management Policy

ABSENCE FROM WORK ABSENCE FROM WORK

Getting your deferment application form right. Use these notes to help you complete your student loan deferment application form

1.STATUS Quadri status is ruled by the article 2095 of the Italian Civil Code.

Maternity Leave Policy

Maternity Leave Guidelines

Transcription:

Federal Department of Economic Affairs, Education and Research (EAER) State Secretariat for Economic Affairs (SECO) Working conditions Employee protection English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal effect. EMPLOYMENT ACT: SUMMARY OF KEY WORK AND REST PERIOD PROVISIONS Daytime and evening work 10 Daytime and evening work Work between 6am and 8pm is regarded as daytime work. Evening work runs from 8pm to 11pm. Daytime and evening work, i.e. work carried out between 6am and 11pm (17 hours), does not require authorisation. However, evening work may only be introduced after consultation with employees. Maximum weekly working time New starting and finishing times for daytime and evening work can be established at any time between 5am and midnight provided that a majority of those employees affected by the arrangement agree to these times. However, daytime and evening work may not span more than 17 hours. The starting and finishing times for any individual adult employee, including breaks and any statutory overtime work, must fall within a period of 14 hours. 9 Principle The maximum number of working hours per week is: 2 45 for employees working in industry, office staff, technical and other employees, sales personnel in large retailing firms 50 for all other employees. 22 Flexible arrangements In companies subject to weather-related loss of working time or sharp seasonal swings in their business, the maximum weekly working hours (45 or 50) may be increased by four hours at most, provided that the average weekly working hours over a period of six months do not exceed the maximum. For employees working a five-day week on average over the calendar year, the maximum weekly working hours (45) may be extended by: two hours, as long as the average number of working hours over a period of eight weeks does not exceed the maximum, or four hours, as long as the average number of working hours over a period of four weeks does not exceed the maximum. February 2011 (updated March 2016) Page 1 / 7 Provisions governing working hours and rest time_d State Secretariat for Economic Affairs (SECO) Holzikofenweg 36, 3003 Bern Tel. +41 58 462 29 48, Fax +41 58 462 78 31 info@seco.admin.ch www.seco.admin.ch

Employment Act: Summary of key provisions governing working hours and rest time 23 Reduction in working hours Where one or more public holidays with the employment law status of a Sunday fall on a workday, the maximum weekly working hours are reduced proportionately for those employees who would usually have to work on those days. Conditions and duration of statutory overtime 12, 13 25 Statutory overtime Statutory overtime is the time worked in excess of the maximum number of weekly working hours permitted by law, and should only be worked exceptionally, where there is no other reasonable solution. This means extraordinary, unforeseeable circumstances or demands that cannot otherwise be satisfied at short notice with the available resources. Statutory overtime should be distinguished from contractual overtime as per Art. 321c CO. Rest period Statutory overtime must be compensated for by a 25% wage increment. Employees may only be given time off in lieu of equivalent duration if they ask for or agree to this. Statutory overtime may not exceed two hours per day for each employee, except on days off on workdays or in emergencies, and, over the calendar year, statutory overtime may not exceed: 170 hours where the maximum weekly working time is 45 hours 140 hours where the maximum weekly working time is 50 hours Statutory overtime is permissible only during the day and evening, and then only on workdays. 26 In the event of emergencies (e.g. danger of death or injury, fire or flooding, or when production assets must be safeguarded), statutory overtime may exceptionally be permitted at night, on Sundays, or in excess of the daily working time, provided that such emergencies could not easily have been prevented by those concerned and cannot be dealt with by any other reasonable means. Under no circumstances should this be a way of expanding output or production capacity. 15a 19 Daily rest periods All employees must be granted a daily rest period of no less than 11 consecutive hours. The rest period for an adult employee may be reduced to a minimum of eight hours once per week provided that an average 11-hour rest period is respected over a two-week period. In this case, the employee may not be required to work statutory overtime on the working day following the reduced rest period. Page 2 / 7

Employment Act: Summary of key provisions governing working hours and rest time 18-20a 21 Weekly day of rest Over the weekend, an uninterrupted rest period of 35 hours (11-hour daily rest period and 24 hours for Sunday) must be granted and include the period from 11pm on Saturday to 11pm on Sunday. 21 20 Weekly half-day off Shift work Whenever the weekly working time is spread over more than five days per week, employees must be granted a half-day off of eight hours each week, either before or following the daily rest period. With the consent of their employees, in any four-week period, employers may combine half-days off to give employees a maximum of two days off in a row instead of half a day each week. For daytime and evening work, the weekly half-day off is deemed to have been granted if: a full morning, from 6am to 2pm, is not worked a full afternoon, from 12pm to 8pm, is not worked when there are two shifts a day, the shift changes between 12pm and 2pm in shift-systems including night work, such as three- or more shift systems, employees may work alternating five-day weeks or have two days time off in lieu within a period of 4 weeks. 25 34 Shift work and rotation Shift work is when two or more groups of employees work staggered hours alternately at the same workplace, according to a specific timetable. No specific authorisation is required for workdays made up of two shifts provided that both shifts take place within a 17-hour period in the daytime and the evening. A single shift, including breaks, may not exceed 11 hours. Employees may only work statutory overtime on workdays that would otherwise be their days off. When two shifts are worked on one day in a period exceeding the 17-hour limit, the regulations governing night work must be complied with, and therefore such an arrangement requires authorisation. The following rules apply to timetables comprising three or more shifts: The duration of a single shift may not exceed 10 hours including breaks. An employee may only change from the early to the late shift, and from the late to the night shift. Exceptions are allowed if a majority of the employees concerned make a written request. Employees may only work statutory overtime on workdays that they would otherwise have off, provided that these are not statutory or compensatory rest periods. 35 In the case of daytime and evening work (for night work, see below), employees may not be required to rotate shifts: if this is warranted by an employee s personal circumstances when one of the two shifts is substantially shorter and does not exceed five hours. Page 3 / 7

Summary of key provisions governing working hours and rest time Night work 16 Prohibition of night work Employees may not work outside the daytime and evening working times. 17 Exceptions to the prohibition of night work Justified exceptions (e.g. emergencies or if the work is essential for technical or economic reasons) may be authorised. This does not apply to companies subject to the special provisions of Ordinance 2. 17a Employees working at night may not work for more than nine hours within a period of 10 hours on any working day. 17b 31 Employers must pay a wage increment of no less than 25% to employees who work at night for only a temporary period (fewer than 25 nights per calendar year). Employees who work permanently or regularly at night can claim time off in lieu amounting to 10% of the time worked at night. The compensatory rest period must be taken within a year. In the case of employees whose morning or evening shift regularly includes no more than one hour of night work (e.g. in companies operating two shifts), compensation may also be granted in the form of a 10% wage increment. 32 Compensatory rest periods do not have to be granted where work schedules are exceptionally progressive, e.g. 35-hour weeks including breaks, with shifts limited to seven hours, or 36 hours in a four-day week, or equivalent arrangements under collective employment agreements. 17c 43-45 Medical check-up and consultation Employees working nights for longer periods of time (25 nights or more per year) are entitled to a medical check-up and medical consultation. Up to the age of 45, this takes place every two years. From then on, it is available annually. Medical check-ups are mandatory for specific groups of employees (e.g. those on permanent night work, 12-hour shifts and people working alone). The costs are payable by the employer where there is no insurance coverage. 17e 17a, 25 3 Further measures governing night work Where the circumstances require, employers operating regular night shifts must make provision for further employee-protection measures. Such measures include organising transport, rest opportunities, catering facilities, childcare. 29, 30 Permanent night work and extended-duration of night work These forms of night work are only authorised under strict conditions. For information on permanent night work (night work that does not alternate with day work), please refer to the corresponding factsheet (available in German, French or Italian) at the following web address: (www.seco.admin.ch -> Publikationen -> Arbeit -> Arbeitsbedingungen -> Merkblätter) Page 4 / 7

Summary of key provisions governing working hours and rest time Sunday work For questions about permanent night work or extended-duration night work, please contact the cantonal labour inspectorate, or the State Secretariat for Economic Affairs (SECO). 18 Prohibition of Sunday work Employees may not work between 11pm on Saturdays and 11pm on Sundays. 19 Exceptions to the prohibition of Sunday work Justified exceptions (e.g. emergencies or if the work is essential for technical or economic reasons) may be permitted. This does not apply to companies subject to the special provisions of Ordinance 2. Any employee who is temporarily required to work on a Sunday must receive a 50% wage increment. 20 21 Free Sundays and compensatory rest periods Sunday work of up to five hours must be compensated for within four weeks by an equivalent number of hours off. Where an employee has worked for longer than five hours, a compensatory rest period of no less than 24 hours must be granted on a normal workday. This can occur either in the preceding or the following week and must run consecutively with the daily rest period, producing a combined rest period of 35 hours. The compensatory rest period must include a period from 6am to 8pm. Where work on Sunday is required, the employee may not work for more than six days consecutively. Continuous working 24 36-38 Continuous operations A distinction is made between: permanent or regular continuous operations, where this is essential for technical or economic reasons temporary continuous operations lasting up to 16 weeks, on proven urgent grounds only. Continuous operations require a permit. This does not apply to companies subject to the special provisions of Ordinance 2. The following conditions pply: In general, the average weekly working time over a period of 16 weeks may not exceed the maximum weekly working time. In a period of 24 hours, no more than nine hours may be worked within a presence of 10 hours. The duration of shifts can be extended to 12 hours between Friday evening and Monday morning provided that there is a two-hour break in each shift. Page 5 / 7

Employment Act: Summary of key provisions governing working hours and rest time In any calendar year, at least 61 weekly rest days must be granted, of which 26 must fall on a Sunday. Each of these rest days must include a period from 6am to 4pm. Whenever rest days cover the period from 11pm on Saturday to 11pm on Sunday, the number of free Sundays can be reduced: to 17 when the workday lasts no longer than eight hours to 13 when the workday lasts no longer than eight hours and the weekly working time (including breaks) does not exceed 42 hours. A rest day must be granted at the latest after every seven days worked. Barring special rules, rules governing night and Sunday work also apply. On-call duty 6 and 9-31 14, 15 On-call duty When employees are on call on company premises, the whole on-call duty period counts as working time. When on-call duty is not performed on company premises, only the time actually worked after being called in counts as working time. Travel time to and from the workplace in this case also counts as working time. An employee may not be required to work on call for more than seven days in any period of four weeks. After the last on-call duty has ended, the employee may not be required to work on call for the following two weeks. The employee may exceptionally be required to work on call for no more than 14 days in a period of four weeks but may not be called in more than five times per month on average over a calendar year. Young workers, pregnant women and nursing mothers Young workers: 29-32 EmpA; EmpO 5 + EAER ordinances Maternity protection: 35-35b EmpA; 60-65 EmpO 1; maternity protection ordinance Young workers, pregnant women and nursing mothers Further regulations apply to offer extra protection to young workers, pregnant women and nursing mothers. These regulations can be found at the following web address (in German, French or Italian). (www.seco.admin.ch -> Arbeit -> -> Arbeitsbedingungen -> Arbeitnehmerschutz -> Jugendliche) (www.seco.admin.ch -> Arbeit -> -> Arbeitsbedingungen -> Arbeitnehmerschutz -> Schwangere und Stillende) Page 6 / 7

Summary of key provisions governing working hours and rest time Employees with family commitments 36 Special consideration must be given to employees with family commitments when setting work and rest period schedules. Commitments include having children up to the age of 15 years and caring for close relatives or other persons. These employees may only be assigned statutory overtime with their consent and may request a lunch break of up to 1 1/2 hours. An employee who has to look after a sick child must be given up to three days leave by the employer on presentation of a medical certificate. Registers and other documents, announcements of work schedules and worktime permits, employee co-determination 46 73 Registers and other documents 73a 73b Registers and other legally required documents must be kept for no less than five years after expiry. This also applies to the records of working time. 47 69 Announcements of work schedules and work-time permits Work schedules, work-time permits and related special safety regulations must be made available for consultation, e.g. by posting them on notice boards. Employees must be consulted whenever the work times applicable in a company are established or modified. Employees must be informed at the earliest possible opportunity of any changes to work times: as a rule, no later than two weeks before their first scheduled workday under the new working times. 48 69-71 Employee participation rights Employees or their representatives have the right to participate in any decisions concerning health protection, the organisation of working time, scheduling and arrangements concerning special measures governing night work. This right includes the right to be heard and consulted, and italso requires management to justify decisions that diverge from the employees point of view. Occasionally employees have the right to codecide matters such as new working periods for night and Sunday work. Page 7 / 7