Working at night or on Sundays often makes it difficult for employees to reconcile work with their family and social life. For this reason, night and Sunday work is regulated by Swiss labour law. In this article, you will find out what rules apply to Sunday and night work, what protection you enjoy as an employee and how difficult working hours are remunerated.
Definition of Night and Sunday work
According to Article 10 of the Labour Act (ArG), daily working hours are between 6 am and 8 pm. These are the so-called "normal" working hours, which do not require any special authorisation from employees.
If working hours are between 8 p.m. and 11 p.m., this is referred to as evening working hours in Switzerland (Article 10 ArG). No special authorisation is required for this either, but prior consultation with the employee representatives concerned is required. In addition, it is possible to postpone the start and end of normal working hours by one hour with the consent of the employees.
What is Night work?
Night work, on the other hand, is when working hours are performed outside of daytime and evening hours (Article 17 ArG). This means that night work takes place between 11 p.m. and 6 a.m. the next morning, whereby a postponement of one hour is permitted.
What is Sunday work?
If employees work between 11 p.m. on Saturday and 11 p.m. on Sunday, this is considered Sunday work in accordance with Article 19 ArG. It should be noted that this working period can also be shifted forward or backward by one hour with the employee's consent. In addition, public holidays on 1 August and public holidays within the meaning of the legislation are also treated as Sunday work (Article 20a ArG).
When is Night or Sunday work permitted?
Night and Sunday work is prohibited for Swiss companies under Article 16 and Article 18 of the Labour Act, but there are some exceptions that allow it in certain cases. Regulation 2 of the Labour Act lists the types of companies and employees to which special regulations apply and which do not have to apply for a permit for their employees to work at night or on Sundays.
Examples include hospitals, doctors' surgeries, businesses in tourist areas, cinemas, theatres, radio and television stations, etc. In addition, some cantons can set a maximum of four Sundays per year on which companies can allow their employees to work without prior authorisation.
Apart from these exceptions, night work is only permitted if the employer has obtained special authorisation. This special authorisation determines whether the night or Sunday work is "temporary", "permanent" or "regularly recurring".
Temporary Night work and Sunday work
Temporary night work is defined as a period of no more than three months in total within a calendar year or as a one-off period of no more than six months. Sunday work is considered temporary if it is performed on a maximum of six Sundays per calendar year, including public holidays. The cantonal authorities are responsible for issuing authorisations for temporary night and Sunday work.
In its application, the employer must prove that there is an urgent need for night or Sunday work. This may be justified, for example, by one-off work that cannot be carried out during the day, as this could lead to the loss of customers or delays in delivery. In addition, there may be safety reasons that make it necessary to work at night or on Sundays, as well as cultural events (music festivals, exhibitions, markets, etc.).
Permanent or regularly recurring night and Sunday work
Night work or Sunday work is considered to be regularly recurring if it is performed for more than three or six months in a calendar year. Companies must submit an application to the State Secretariat for Economic Affairs (SECO) in order to obtain authorisation for their employees to work nights and Sundays on a permanent or recurring basis.
In its application, the employer must prove that the recurring performance of night or Sunday work is essential for technical or economic reasons. Technical necessity may be justified, for example, if the work process cannot be interrupted without jeopardising the health of the employees or the company.
From an economic point of view, continuous night and Sunday work is considered indispensable if the very high investment costs associated with the working method can only be offset by the working time during this period. Competitive arguments vis-à-vis other countries can also be used to justify the application, particularly with regard to job security.
Proof of the indispensability of permanent or recurring night or Sunday work does not have to be provided if a working method listed in Regulation 1 of the Swiss Labour Act is used in the company.
What protection does the employee have?
In addition to the fact that working at night or on Sundays is often subject to authorisation, there are also special protective regulations for permanent night work. Employees who work at least 25 night shifts per year are entitled to a medical examination at the employer's expense (Article 17c ArG). This examination can be carried out twice a year up to the age of 45, and annually thereafter. In some cases, it may even be mandatory. Depending on the working conditions, further measures may be taken for the protection and well-being of employees, e.g. a safe journey to work, rest periods, help with childcare or catering (Article 17e ArG).
The consent of the employee
Working at night or on Sundays requires the consent of the employees concerned. This consent can be obtained on a case-by-case basis in the employment contract. Dismissal due to refusal to consent to night and Sunday work can be considered unjustified in accordance with Article 336 of the Swiss Code of Obligations (CO). Furthermore, employees in Switzerland have the right to refuse to work at night or on Sundays without the employer imposing sanctions if they do not have the necessary authorisations.
Special cases: young employees and pregnant women
As a rule, underage employees are not permitted to work night and Sunday shifts. However, there are exceptions to this principle, which can be granted according to very strict criteria. Night or Sunday work may be justified if it is necessary for the young worker's vocational training or in cases of force majeure (Article 31, paragraph ArG).
Pregnant women are also protected by law with regard to the conditions for night and Sunday work. From the eighth week before the birth, pregnant women may no longer work between 8 p.m. and 6 a.m. (Article 35a, paragraph 4 ArG). From this time until the 16th week after the birth, the employer must, if possible, offer these shifts to another employee.
Tip: If you feel that you are not receiving sufficient protection at work with regard to night and Sunday work or are in conflict with your employer about this, a labour law lawyer can help you. They will provide you with expert advice on your rights and obligations and support you in asserting your rights.
How high is the wage for Night and Sunday work?
In Switzerland, a distinction is made between temporary and permanent or recurring night and Sunday work when it comes to additional remuneration for night and Sunday work.
Wage and time supplement for night work
In the case of temporary night work, the employer is obliged to pay the employee a wage supplement of at least 25 % (Article 17b, paragraph 1 ArG). In the case of permanent night work, the employee receives an allowance of 10% of the working time worked during the night as compensatory rest (Article 17b, paragraph 2 ArG). If an employee works more than 25 nights a year, she is entitled to a pay rise of 25 % for the nights previously worked and her night work is now compensated with a time allowance.
In accordance with Article 17b, paragraph 3 ArG, this compensatory time does not apply to extended working time arrangements if the following conditions are met:
- The average shift duration of seven hours including breaks is not exceeded.
- The employee concerned is only employed for more than 36 hours four nights a week.
- The employees concerned are granted other equivalent compensatory rest periods within one year.
Wage and time supplement for Sunday work
Sunday work must be remunerated with a wage supplement of 50%. In addition, employees are also entitled to compensatory time off in lieu in accordance with Article 20 ArG. Sunday work of up to five hours must be compensated by time off in lieu within four weeks. If an employee works more than five hours on a Sunday, she is entitled to a rest day during the week. In addition, after working on a Sunday, a whole Sunday must be authorised as a day off in the following two weeks.
Special case: It is important to note, however, that the entitlement to wage supplements is not doubled for a shift that is both Sunday work and night work. In this case, employees receive the more favourable wage supplement, while time off in lieu is granted cumulatively.
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FAQ: Night and Sunday Work
In Switzerland, night work is defined as work between 11 p.m. and 6 a.m. the following day. Sunday work takes place between 11 p.m. on Saturday and 11 p.m. on Sunday. These times can also be moved forward or back by one hour after consultation with the employee.
Some companies may allow their employees to work at night and on Sundays without special authorisation due to the nature of their business. These include, for example, hospitals and medical services, cultural activities and companies in tourist areas. All other companies must obtain authorisation from the relevant authorities for working at night and on Sundays.
Yes, employers must also submit an application to the cantonal authorities for temporary and limited Night and Sunday work. In these cases, an employer must justify the need to work at night or on Sundays on economic or technical grounds.
The employee's consent must always be obtained for Night and Sunday work. The dismissal of an employee who refuses to accept these difficult working hours can be considered abusive by law.
It is forbidden to allow a pregnant employee to work at night or on Sundays from the eighth week before giving birth. This also applies until the 16th week after the birth.
As a rule, special labour protection applies to underage employees, which prohibits night and Sunday work. Exceptions may apply if this is relevant to the underage employee's education or cannot be avoided due to force majeure.
An employee who works temporarily at night receives a wage supplement of at least 25%. In the case of permanent night work, the compensation is at least 10 %.
For work on Sundays, the employee is entitled to a supplement of 50% of the remuneration for the hours worked. Depending on the duration of the Sunday work, the employee may also be entitled to compensatory rest periods.