Switzerland's ArG: Working Time Recordkeeping Rules

Switzerland is not in the EU, but its working time law looks broadly compatible with the directive. The Arbeitsgesetz (ArG, Labour Act) of 1964 sets weekly maximums of 45 or 50 hours depending on the worker category, with daily and weekly rest, breaks, and a particular Swiss feature: three modes of working time recording, including a vereinfachte Arbeitszeiterfassung (simplified record) that's been a focal point of negotiation since 2016.

This post explains the ArG's headline limits, the three recording modes (full, simplified, opt-out), and when each is allowed.

#Quick Reference

#The Two-Tier Weekly Maximum

Article 9(1) splits Swiss workers into two groups:

• Group A (45 hours per week): industrial workers, office workers, technical and other salaried staff, and retail staff in large companies
• Group B (50 hours per week): everyone else (small retail, hospitality, agriculture, etc.)

Most knowledge workers fall in Group A. The hospitality and crafts sectors are usually Group B.

The maximum is not just an average; it's a hard weekly ceiling. Sustained breaches can be compensated only through formal overtime arrangements with strict conditions.

#Overtime: Two Distinct Concepts

Swiss law separates two legally distinct kinds of extra hours: statutory Überzeit and contractual Überstunden.

#Article 12/13: Überzeit (statutory overtime)

Hours above the statutory weekly maximum (45 or 50) are Überzeit, governed by the mandatory rules of Articles 12 and 13 ArG. They are subject to annual caps:

• Maximum 170 hours per year for Group A workers (45-hour week)
• Maximum 140 hours per year for Group B workers (50-hour week)

For Überzeit, a 25 percent supplement is mandatory and cannot be contracted away. It may be replaced by compensating time off of equal length (1:1) only with the worker's agreement; the employer cannot impose that choice unilaterally.

#Code des Obligations Article 321c: Überstunden (contractual overtime)

Hours above the contractually agreed working time, but still within the statutory weekly maximum, are Überstunden, governed by Obligationenrecht (Code of Obligations) Article 321c. Unlike Überzeit, this regime is flexible by contract: the 25 percent supplement can be waived or compensation by time off agreed in the employment contract.

#Rest Periods (Articles 15, 15a, 18)

• Daily rest: 11 consecutive hours
• Weekly rest: typically Sunday; cantonal and sectoral exceptions apply for hospitality, transport, healthcare
• Spread: total daily presence including breaks cannot exceed 14 hours

The Sunday rest is more strictly observed in Switzerland than in much of the EU. Sunday work permits are granted by cantonal authorities and only in defined circumstances.

#Breaks (Article 15)

Three tiers:

• 15 minutes after 5.5 hours of work
• 30 minutes after 7 hours
• 60 minutes after 9 hours

The break must be a real interruption. The 60-minute break for very long days is unusual in European law; it reflects Swiss practice in industries with two-shift days.

#The Three Recording Modes

This is what makes Swiss law distinctive: not one recording duty, but three.

#Mode 1: Full Recording (Standard)

The default. The employer records, for each worker, each day:

• Start and end of working time
• Breaks (start and end of each)
• Daily total
• Weekly total
• Overtime worked

Records are kept for at least 5 years (ArGV 1 Art. 73). They must be available on request to workers, their representatives, and SECO/cantonal labor inspectors.

#Mode 2: Simplified Recording (Article 73b ArGV 1)

Allowed since 2016, under conditions:

• Worker exercises significant autonomy in scheduling (more than half of working time can be self-determined)
• A basis for simplified recording exists. In firms with 50 or more employees this requires a collective bargaining agreement that explicitly permits it; in firms with fewer than 50 employees it can instead be agreed individually in writing with the worker, together with an annual year-end discussion about workload
• Worker gives written consent
• The simplified record still captures total daily working time, not just monthly summaries

A typical knowledge worker with flexible hours can opt into Mode 2, either through a CBA or, in a smaller firm, through an individual written agreement. The record reduces to daily total hours; breaks no longer need separate logging.

#Mode 3: No Recording (Article 73a ArGV 1)

Even narrower:

• Worker earns at least CHF 120,000 gross per year (2024 threshold, indexed)
• Worker has substantial decision-making autonomy
• A CBA explicitly authorizes the opt-out
• Worker gives written consent

Mode 3 is the closest thing Swiss law has to a Working Time Directive opt-out. It applies to a narrow band of senior workers and remains controversial.

#Ongoing Reform Discussion

The flexibilisation of working-time recording, including whether to broaden the no-recording opt-out (Mode 3) to a wider group of autonomous workers, remains under political discussion in Switzerland. Employers should watch for changes but plan around the rules currently in force.

#Special Categories

#Young Workers (ArGV 5)

Workers under 18 are covered by a separate ordinance:

• 9 hours per day, 45 per week
• 12 hours of daily rest
• 30-minute break after 5 hours
• Prohibition of night work (with narrow exceptions for vocational training)

#Pregnant Workers

Pregnant workers can refuse hours above 9 per day and 45 per week. Specific rest and risk-assessment duties apply.

#Senior Executives

A genuine senior executive (someone with autonomous decision-making power equivalent to a board member) can be exempt from the ArG entirely under Article 3. The exemption is narrow.

#Inspection and Penalties

SECO (the State Secretariat for Economic Affairs) oversees enforcement at the federal level. Cantonal labor inspectorates (e.g., AWA Zurich, OCIRT Geneva) conduct most inspections.

Penalties under Article 59 ArG:

Cantonal authorities can also impose administrative measures (e.g., revoking Sunday work permits) that hurt the business more than the fine.

Common inspection findings:

• Sunday work without proper permit
• Group A workers misclassified as Group B (to use 50-hour ceiling)
• Mode 2 simplified recording applied without any valid basis (no CBA in larger firms, or no individual written agreement in firms under 50 employees)
• Mode 3 opt-out applied below the income threshold

#Practical Compliance Checklist

1. Classify each worker into Group A or B correctly. Misclassification is a common, expensive error.
2. Pick the right recording mode. Default to Mode 1 (full record) unless the conditions for 2 or 3 are clearly met.
3. Document the recording mode choice. Get written annual consent for Mode 2 or 3.
4. Schedule the Sunday rest. Sunday work is permit-based; do not assume it's allowed.
5. Honor the 11-hour daily rest and the 14-hour spread. These are hard ceilings.
6. Retain records for 5 years. ArGV 1 Art. 73 is non-negotiable.

#Common Questions

Are senior managers exempt? Only those genuinely autonomous and with board-equivalent power. Mid-level managers are not exempt.

Can I use Mode 2 without a CBA? Yes, in firms with fewer than 50 employees. There, simplified recording can be agreed individually in writing with each worker (plus an annual year-end discussion about workload). A CBA that explicitly permits simplified recording is required only in firms with 50 or more employees.

Does Sunday rest apply to telework? Yes. Telework on Sunday is treated as Sunday work and needs the same permit basis.

What's the difference between Group A and Group B? Group A workers (industry, office, technical, retail in large firms) cap at 45 hours; Group B at 50. Classification is by employer type and worker category, not by worker preference.

Are bank holidays separate from the 4 weeks of leave? Yes. Switzerland has 1 federal holiday (1 August) plus 8 to 12 cantonal holidays depending on the canton. These are separate from the 4 weeks of statutory leave.

#Summary

• The Arbeitsgesetz sets a 45-hour ceiling for office and industrial workers, 50 hours for others
• Three recording modes: full (default), simplified (Mode 2, by CBA or, in firms under 50 employees, an individual written agreement), no record (Mode 3, requires CHF 120k+ and CBA)
• 11 hours of daily rest; Sunday rest with cantonal exceptions
• Breaks tiered at 15/30/60 minutes
• Annual overtime caps at 170h (Group A) or 140h (Group B)
• SECO and cantonal inspectorates enforce; fines up to CHF 50,000 for intentional breach

#Sources

• Arbeitsgesetz (ArG) on fedlex.admin.ch
• Verordnung 1 zum Arbeitsgesetz (ArGV 1)
• SECO Working Time information
• Code des Obligations Art. 321c on fedlex.admin.ch

#Where to Go Next

• Germany's Arbeitszeitgesetz: the 2026 time tracking mandate for the German DACH neighbor
• Austria's Arbeitszeitgesetz: recordkeeping duty in 2026 for the Austrian parallel
• The EU Working Time Directive explained for context on what Switzerland deliberately differs from