I founded my company with adminster.
I am very satisfied!
Will now continue to work with them.
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Michael Dettwiler
Legal requirements & practical significance
The Swiss Labor Act (ArG) not only regulates maximum working hours, but also obliges employers to ensure that employees have breaks to rest and eat. These breaks are of central importance for safety, concentration and health in the workplace. Annual vacation, on the other hand, is governed by the Swiss Code of Obligations.
Legal minimum standards
Article 15 of the ArG stipulates that employees must take breaks:
- If working more than 5½ hours a day: at least 15 minutes break
- For more than 7 hours: at least 30 minutes
- For more than 9 hours: at least 60 minutes
Breaks must be taken around the middle of the working time. Shorter, flexible working hours of less than 5½ hours, however, do not constitute a statutory entitlement to breaks.
As a rule, breaks do not count as working time - unless employees are not allowed to leave their workplace. Technical breakdowns (e.g. machine failure) do not count as breaks, as they do not provide any real rest.
Rest periods between working days
The ArG also stipulates an uninterrupted rest period of at least 11 hours within a 24-hour period. Adults may reduce this to eight hours once a week, provided that the weekly average is maintained.
Together with break protection, this serves to protect against overwork, accidents and long-term health consequences.
Entitlement to smoke breaks?
A frequently discussed topic in companies is how to deal with smoking breaks. In principle, there is no legal entitlement to additional smoking breaks during working hours. Under labor law, smoking breaks are considered voluntary breaks from work that are not legally protected recreational breaks.
Employers are therefore not obliged to grant smoking breaks or to count them as paid working time. In practice, smoking breaks are often expected to be compensated by overtime or recorded accordingly. This is particularly the case for shifts with tight schedules or in sensitive sectors.
Many companies regulate the handling of smoking breaks in internal work regulations in order to ensure clarity and fairness among employees. It is important that all employees, smokers and non-smokers alike, are treated equally.
Did you already know?
- Collective labor agreement (CLA)
Many sectors have their own collective labor agreement (CLA). These often contain specific regulations on working hours and rest periods that go beyond the statutory minimum standards. In practice, employees are therefore subject not only to the provisions of the Employment Act, but also to the sector-specific provisions of their CEA.
- Breastfeeding times at the workplace
Employees who are breastfeeding are entitled to paid breastfeeding breaks during working hours during the first year of their child's life. This regulation is set out in Article 60 of Ordinance 1 to the Employment Act (ArGV 1).
The recommended duration of these breaks varies depending on the daily working hours:
- up to 4 hours of work per day: at least 30 minutes
- 4 to 7 hours: at least 60 minutes
- over 7 hours: at least 90 minutes
Breastfeeding breaks are considered working time and may not be reduced or otherwise compensated by the employer. The aim of this regulation is to make it easier to reconcile work and maternity and to protect the health of mother and child.
Conclusion
Breaks from work are enshrined in law and protect employees, both physically and mentally. Breaks and rest periods prevent overwork and promote concentrated and safe working. Employers should see these obligations not as a chore, but as the key to operational success by consciously shaping them and anchoring them in the corporate culture.
