Many employees are currently working from home. This sometimes leads to completely new problems when it comes to recording and separating working time from leisure time, which only arise to a limited extent when work is carried out on the employer's premises. But what is working time anyway and who actually has to record working time? I will answer this and more in this article. Short, crisp and guaranteed to be jargon-free!
Note: This article deals exclusively with the provisions of private law on working time, as otherwise the scope of a blog post would be exceeded.
There is a legal definition of working time at ordinance level (Art. 13 ArGV 1). According to this, working time is the period of time "during which the employee must remain at the employer's disposal". This means that if the employee spends time in the main interest of the employer, this is referred to as working time - provided that this is at the employer's discretion.
However, this demarcation is often difficult in the home office. After all, it's easy to quickly do the laundry during a break, children can demand attention and a variety of other distractions are usually not far away at home. It is therefore important to make sure that there is a clear distinction between what is working time and what is free time.
In principle, it can be assumed that the contractually agreed working hours also apply in the home office. If fixed working hours have been agreed, the employee must work during these hours and the workplace must be chosen in such a way that the work can, as far as possible, be done as concentrated as when working in the office/company.
With flexitime models, the specific allocation is much more difficult. Here too, the employee must work and be available during the block times. In addition to the block times, it is recommended that the employee defines as clearly as possible for themselves and with the people in the household when they are working and when they are not by means of clear time planning and the choice of workplace, e.g. by being able to close a door. But even if the employee quickly answers an e-mail during their free time, this should be counted as working time. Here too, the boundaries should be drawn in the interests of the employee so that they have the opportunity to take breaks and rest periods. The distinction between working time and free time is therefore in the interests of both parties.
Incidentally, if an employee quickly answers emails or makes phone calls in the evening or on a Sunday, this is also working time. According to the Employment Act, a permit is also required during this time - which can mean some bureaucratic effort due to the usually short and unpredictable working hours. It is therefore advisable to instruct employees to stop working on Sundays and in the evening from 11 p.m. and only work in emergencies.
Depending on the length of the daily working hours, employees are entitled to breaks (Art. 15 ArG). Namely:
These must also be observed when working from home. The employer is obliged to check that the employee actually observes the breaks. This can be done, for example, by means of detailed time recording. It is basically up to the employee to decide exactly how the breaks are to be organized. However, the purpose of breaks is to relax. For this reason, the employer should advise employees to actually take a break whenever possible and not, for example, to do housework.
In addition, employees must be granted 11 hours of rest between working days (Art. 15a ArG). The employer must also ensure this. In the home office, the employer can of course only give the employee the opportunity to have this rest period and check this with a detailed recording of working hours.
Incidentally, top management or the most senior members of management are not bound by the requirements for working hours and rest periods and can also exceed or fall short of these. This includes, for example, the position of CEO, CFO or CTO.
The Labor Act and its ordinances require working hours to be recorded. In principle, the employer is obliged to record working hours - however, the employer can pass on the obligation to record working hours to the employee, but not the responsibility for doing so. The employer must also ensure that the time is actually recorded. The daily and weekly working hours (including compensatory time), overtime and all breaks of more than 30 minutes must be recorded.
The easiest way to ensure that time is recorded is to provide employees with a tool that is easy to use but covers all the necessary parameters so that recording working time does not become a distraction from their actual tasks. A simple time recording solution therefore helps employers to comply with and monitor their obligations.
The Labor Act and its ordinances require employers to keep all relevant records and documents relating to working hours for at least 5 years. This allows the cantonal labor inspectorate to check whether the employer has complied with working and rest time regulations in the event of an inspection. In addition, clear time documentation can help in the event of disputes between employers and employees (e.g. regarding overtime).
Incidentally, if the labor inspectorate notices inadequate or missing time recording, there is a grace period. If this is disregarded and the violation of the labor law is particularly serious, penalties may be imposed.
Time recording can be a tedious task - especially for larger companies. Software such as that from zeit ag can simplify time recording and effortlessly manage workload, overtime and vacations in real time. This saves companies time and money, allows them to maintain an overview and manage staff, projects and resources more easily. Contact us and find out how you can keep your working hours under control at all times.