Do I have to pay for on-call time if the employee is not called?

Not automatically. If on-call duty is occasional and genuinely standby (rare calls), Swiss courts generally treat it as part of the employment arrangement. But if it is frequent (several nights per week) or makes rest impossible, compensation may be owed even without activation. The line is fact-dependent; a lawyer familiar with your canton can advise.

Can I require on-call duty in any employment contract?

You can propose it, but it must be reasonable and clearly stated. Employees can negotiate or refuse unreasonable on-call terms. If your GAV (collective agreement) already covers on-call duty, follow that framework. For employees outside a GAV, ensure the contract is explicit about frequency, compensation, and rest guarantees.

What happens if on-call duty causes an employee to work excessive hours?

Excessive on-call activations that breach ArG limits (45 hours per week standard, or lower per canton) create liability for you. The employee may claim unpaid overtime, rest-period violations, or health harm. Track activation carefully and adjust scheduling or compensation before problems escalate.

On-Call Duty (Pikettdienst)

Pikettdienst (on-call duty) is a work arrangement where an employee remains available outside normal hours to respond to urgent calls, but is not actively working. Under Swiss law, on-call time must be reasonable; if frequently activated, compensation may be required. Many employers underestimate the cost of genuine on-call obligations and fail to document when employees are truly on standby versus simply contactable.

Also available inDeutsch Français Italiano

On-call duty means an employee is required to remain available—either at home, at the workplace, or nearby—to respond to work demands at short notice, typically outside regular working hours. The employee is not actively working but cannot freely dispose of their time.

This arrangement appears in healthcare, emergency services, IT support, and sometimes facilities management. Swiss cantonal labour law and the Arbeitsgesetz (ArG) set boundaries on duration and compensation.

When On-Call Duty Arises

On-call duty is most common in sectors where genuine emergencies occur: hospitals, care homes, emergency call centres, IT infrastructure teams, and utility companies. It can also appear in employment contracts for senior roles expected to handle crises.

You must declare on-call obligations clearly in the employment contract or GAV (collective labour agreement). Vague language like 'available if needed' creates legal ambiguity and employee confusion.

Healthcare and emergency response (obvious cases)
IT operations teams supporting 24/7 systems
Facility managers for building emergencies
Senior leadership roles (sometimes)
Critical infrastructure roles
Customer-facing roles with SLA commitments

Your Legal Obligations

Swiss law does not forbid on-call duty, but the ArG and cantonal rules require it to be 'reasonable' and not excessive. If on-call time is frequently activated (frequent calls or long shifts), it counts toward working time and must be compensated or offset with rest.

The Arbeitsgesetz limits daily and weekly working hours; on-call periods that demand actual work consume that allowance. Compensation models vary by canton and GAV—some allow time-in-lieu (time off in lieu), others require hourly pay. Consult a local employment lawyer to confirm your canton's standard.

Document clearly what 'on-call' means for each role
Track activation frequency and actual hours worked
Ensure adequate rest periods between on-call shifts
Provide compensation or equivalent time off per canton rules
Review your GAV for existing on-call frameworks
Adjust Pensum percentage if on-call is frequent and paid

The Most Common Mistake

Employers often treat on-call duty as free goodwill: 'just keep your phone on.' In reality, frequent activation triggers wage and rest-period obligations. If an IT technician is on-call five nights a week and called out twice each night, those hours are work—not discretionary availability.

Failing to measure and compensate on-call activation exposes you to wage claims and ArG violations. The employee may also claim burnout or excessive work hours. Use simple logging (even a shared spreadsheet) to track calls, duration, and outcome. Adjust compensation or scheduling if patterns emerge.

Assuming 'on-call' means zero cost to the employer
Not measuring actual activation frequency and duration
Ignoring canton-specific compensation standards
Mixing on-call with 'just being reachable' without clarity
Failing to grant compensatory rest after active shifts
Not reviewing on-call clauses when workload changes

Frequently asked questions

Do I have to pay for on-call time if the employee is not called?: Not automatically. If on-call duty is occasional and genuinely standby (rare calls), Swiss courts generally treat it as part of the employment arrangement. But if it is frequent (several nights per week) or makes rest impossible, compensation may be owed even without activation. The line is fact-dependent; a lawyer familiar with your canton can advise.
Can I require on-call duty in any employment contract?: You can propose it, but it must be reasonable and clearly stated. Employees can negotiate or refuse unreasonable on-call terms. If your GAV (collective agreement) already covers on-call duty, follow that framework. For employees outside a GAV, ensure the contract is explicit about frequency, compensation, and rest guarantees.
What happens if on-call duty causes an employee to work excessive hours?: Excessive on-call activations that breach ArG limits (45 hours per week standard, or lower per canton) create liability for you. The employee may claim unpaid overtime, rest-period violations, or health harm. Track activation carefully and adjust scheduling or compensation before problems escalate.

General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.