Arbeitsgesetz (Swiss Labour Act)
The Arbeitsgesetz (Labour Act) is Switzerland's federal law setting maximum working hours, rest periods, and safety rules for most private-sector employees. It applies to businesses in every canton and creates binding obligations on working-time management, record-keeping, and worker protection—breaches can result in cantonal labour inspectorate fines.
The Arbeitsgesetz is Switzerland's primary federal statute governing employment conditions. Enacted in 1964 and regularly revised, it sets ceilings on weekly working hours, mandates rest periods and breaks, and establishes safety standards. Nearly all private employers in Switzerland must comply.
Unlike individual employment contracts, the Arbeitsgesetz cannot be waived by agreement. It applies across all cantons, though cantonal labour laws and collective labour agreements (GAV) may set stricter rules. Non-compliance is monitored by cantonal labour inspectorates and can result in substantial fines.
When the Arbeitsgesetz Applies
The Arbeitsgesetz covers most employees in the private sector—roughly anyone not in agriculture, domestic service, or certain craft trades exempted by federal decree. If you employ staff on regular contracts, you are bound by it. Executives and senior managers may have looser hour limits, but your obligation to track and limit hours remains.
The law does not apply to self-employed contractors or unpaid family members. Once someone is on your payroll—even part-time or on a Pensum below 50%—Arbeitsgesetz rules take effect immediately.
- Maximum 45 hours per week for most industries (or 50 hours with time off in lieu)
- Daily rest of at least 11 consecutive hours between shifts
- Weekly rest period of at least 35 consecutive hours (typically Sunday + part of Saturday or Monday)
- Breaks mandated by duration worked (e.g. 15 minutes per 3.5 hours of work)
- Applies to remote work, shift work, and part-time roles equally
- Cantonal labour inspectorates enforce compliance through inspections and complaint investigations
Your Obligations as an Employer
You must organise work schedules so actual hours comply with Arbeitsgesetz limits. This means tracking hours accurately, not relying on estimates. You are also responsible for ensuring breaks are actually taken and rest periods observed—not just offered on paper.
You must keep records of working hours for at least five years in a form accessible to your employees and to cantonal inspectors. Failure to maintain records shifts the burden of proof onto you if a dispute arises. You must also adjust schedules if you cannot meet legal rest requirements.
- Maintain accurate, written time records (punch cards, software logs, or signed timesheets)
- Plan rosters so daily rest, weekly rest, and breaks are genuinely possible
- Pay compensation or grant time off if overtime exceeds limits
- Inform employees of their scheduled hours and any changes in advance
- Ensure fatigue-sensitive roles (drivers, machinery operators) are not overworked
- Respond promptly to cantonal labour inspectorate inquiries or audit requests
The Most Common Mistake
The most frequent error is treating the Arbeitsgesetz as a guideline rather than law. Many small employers assume that if an employee agrees to longer hours or does not complain, compliance is automatic. It is not. The law is binding regardless of consent.
A close second mistake: poor time record-keeping. Employers often rely on memory, rough estimates, or employee goodwill instead of systematic records. If a dispute lands at the cantonal labour inspectorate, missing or inconsistent records will be held against you. Invest in simple time-tracking software or a signed logbook.
- Assuming employee consent or silence means Arbeitsgesetz rules do not apply
- Failing to keep contemporaneous, verifiable working-hour records
- Ignoring rest-period requirements because 'no one complained'
- Mixing up Arbeitsgesetz maxima with your company's internal policy and treating the latter as sufficient
- Not adjusting schedules when overtime becomes chronic
- Forgetting that remote or flexible work still counts toward the 45-hour weekly ceiling
Frequently asked questions
- Does the Arbeitsgesetz apply to my 20% part-time employee?
- Yes. The law applies to all employees, regardless of Pensum. A 20% position (roughly 8 hours per week) must still comply with rest periods and break rules. You cannot compress all 8 hours into one long day without breaks.
- What happens if we exceed 45 hours in a single week?
- Overtime is permitted, but it must be compensated (paid or time off in lieu) and cannot become routine. If you regularly exceed 45 hours, the cantonal labour inspectorate may intervene. Check your cantonal rules and any applicable GAV for specific compensation rates.
- Who enforces the Arbeitsgesetz in my canton?
- Your cantonal labour inspectorate (department of economy, labour, or social affairs) enforces it. Employees can also file a complaint, or workers' compensation insurers may flag violations during claims investigations. Fines range from hundreds to tens of thousands of francs.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.