Is Time Tracking Mandatory in Switzerland? A Guide for SMEs

In brief

Yes, employers in Switzerland are generally required to record their employees' working time. This is set out in Art. 46 of the Labour Act (ArG) and Art. 73 of Ordinance 1 to the Labour Act (ArGV 1). Employers must record daily and weekly working time including overtime, when it was worked, and breaks of 30 minutes or more. The records must be kept for at least five years.

Who does the obligation apply to?

The obligation applies to all employees covered by the working and rest time rules of the Labour Act. That means most employees in private businesses, regardless of industry and size. Part-time staff, temporary helpers and apprentices are included just like full-time employees. Working from home also counts as working time and must be recorded.

The following, among others, are not covered by these rules:

senior managers with far-reaching decision-making powers (Art. 3 let. d ArG)
federal, cantonal and municipal administrations (Art. 2 ArG), which are subject to their own staff regulations
agricultural primary production businesses and private households

What has to be recorded?

Art. 73 ArGV 1 sets out what information the records must contain. For everyday time tracking, these points matter most:

the working time performed each day and each week, including compensatory work and overtime
when the work took place, meaning start and end times
the timing and length of breaks of half an hour or more
the weekly rest days or compensatory rest days granted, unless they regularly fall on a Sunday
personal details, the type of employment, and the start and end dates of employment

How long must the records be kept?

Records and documents must be kept for at least five years after they cease to be valid (Art. 73 para. 2 ArGV 1). They must be made available to the enforcement authorities on request (Art. 46 ArG). Inspections are carried out by the cantonal labour inspectorates, with supervision by the State Secretariat for Economic Affairs (SECO).

Simplified recording under Art. 73b ArGV 1

Two relaxations have applied since 1 January 2016. With simplified recording, only the duration of the daily working time is recorded, not when it was worked. For night and Sunday work, however, start and end times must still be recorded.

The condition is that the employees concerned can set a significant part of their working hours themselves. The employer concludes the agreement with the employee representatives or, where there are none, with the majority of employees.

In businesses with fewer than 50 employees, simplified recording can also be agreed individually in writing. The agreement must refer to the applicable working and rest time rules, and a meeting on workload must be held and documented every year. For employees with fixed shifts, for example on a construction site or in restaurant service, this model is usually not a good fit.

Waiving recording under Art. 73a ArGV 1

A business can only waive recording entirely under strict conditions, all of which must be met at the same time:

1A collective labour agreement (CLA, in German GAV) applies that provides for the waiver.
2The employees have a high degree of autonomy in their work and mostly set their own working hours.
3Their gross annual income including bonuses exceeds CHF 120,000 (proportionally lower for part-time work).
4The waiver is agreed individually and in writing. Either side can revoke it every year.

The key limits at a glance

Time tracking is the basis for complying with these requirements of the Labour Act and for proving compliance during an inspection:

Maximum weekly working time
45 hours for industrial businesses, office staff, technical and other employees and large retail businesses, 50 hours for all other employees (Art. 9 ArG).
Overtime
with a 45-hour maximum, no more than 170 hours per calendar year. It is paid with a 25 percent supplement or, by agreement, compensated with time off of the same length (Art. 12 and 13 ArG).
Breaks
15 minutes for more than 5.5 hours of work, 30 minutes for more than 7 hours, 1 hour for more than 9 hours (Art. 15 ArG).
Daily rest
at least 11 consecutive hours, which can be reduced to 8 hours once a week if an average of 11 hours is kept over two weeks (Art. 15a ArG).
Night and Sunday work
Night work generally means work between 11 pm and 6 am, Sunday work between 11 pm on Saturday and 11 pm on Sunday. Both generally require a permit.
Commute
The normal commute is not working time. If the journey is longer because the work takes place elsewhere, the difference counts as working time (Art. 13 para. 2 ArGV 1).

Paper, Excel or an app?

The law does not prescribe any particular format. Paper or an Excel sheet are also allowed, as long as the information is complete, traceable and available during an inspection. In practice, the problem is rarely willingness but effort: slips get lost, spreadsheets are filled in from memory at month-end, and someone adds up overtime and holidays by hand.

A digital time tracking system like Stempli takes this work off your hands. Employees clock in, out and on break with a single tap on their phone. Flexitime and holiday balances calculate themselves, later changes go through as suggestions that need approval and stay traceable, and the monthly report per person is ready as a PDF in seconds.

What happens if working time is not recorded?

The cantonal labour inspectorates can inspect businesses, demand access to the records and order measures. Day-to-day practice matters at least as much: if there is a dispute about overtime, there is no evidence without proper records. That weakens the employer's position. Complete time records therefore protect both sides.

Sources

This guide provides a general overview and does not replace legal advice. Collective labour agreements and cantonal rules may contain stricter requirements.

Time tracking in Switzerland: what is mandatory?