The statement that every Swiss company must fully record time for every employee is too broad. The accurate position is that employers covered by the Labour Act generally need to retain the working-time information required for enforcement. Exclusions and alternative regimes are defined by law.
1. Who is generally covered?
The Labour Act generally applies to businesses and employees but contains business and personal exclusions. These include certain family businesses, parts of primary agriculture, private households, transport businesses under special regimes, higher managerial staff and certain scientific or independent artistic roles. In doubtful cases, the cantonal authority decides.
2. What belongs in standard records?
Article 73 includes identity and employment period, daily and weekly hours including compensatory and overtime hours and their timing, weekly or replacement rest days, relevant breaks of 30 minutes or more, and statutory time or pay supplements.
3. How long must records remain available?
Generally for at least five years after their validity ends. For a digital system, export, retention, correction and post-contract handling should therefore be part of the buying decision.
4. What is simplified recording?
Under Article 73b, employees with significant autonomy over their working time may generally record the daily total. Night and Sunday work still requires start and finish. Required agreements, categories and safeguards apply. Businesses under 50 people can agree individually in writing and must document an annual workload discussion.
5. When is a full waiver possible?
Article 73a cumulatively requires an applicable collective agreement, high work and time autonomy, gross annual income above CHF120,000 including bonuses, and individual written consent. This is a narrow exception, not a general management privilege.
6. Is software required?
No. SECO permits different methods. Records need to reflect reality, allow verification and support correction. If access or login data is repurposed, employees need to be informed and privacy principles respected.
7. What should an SME check in software?
- Supported capture and correction methods
- Whether roles, approvals and change history fit the organisation
- How export, five-year retention and contract exit work
- Where data is processed and which subprocessors are involved
- Whether mobile, GPS or biometric functions are truly necessary and proportionate