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New Rules on Recording Working Time

Posted by on 26 January 2016

The Federal Council has issued new regulations on recording of working time, which entered into force on 1 January 2016. The revised rules in the Regulation No. 1 to the Employment Act (Employment Act Regulation 1) are intended to relax the duties on recording working time for employees that have a large degree of freedom in how they structure their work and can generally determine their working times themselves.

According to the new rules, employees that have a large degree of autonomy and a gross annual salary, including bonus, of more than CHF 120'000 and who can predominantly determine their own working times, may dispense with the recording of working time, as long as the dispensation is provided for in a collective employment agreement. There is no dispensation but nonetheless a simplified recording of working time, meaning the simple recording of the time worked daily, for employees that are able to determine a Froriep-Regelung-Arbeitszeiterfassung-2016.jpgsignificant part of their working times themselves. For this, however, a collective agreement between employer and employee representatives of an industry or company is required, or where that does not exist an agreement between the employer and a majority of the employees. In businesses with less than 50 employees, the recording of working time can be agreed individually with each employee. Employees with no freedom to determine their own working times must continue to record their working times systematically and without interruptions, recording the start and end of each period of work, the length and place where breaks of half an hour or more are taken and all rest days and compensated rest days.



Topics: Employment

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Marcel C. Steinegger

Marcel Steinegger has over 20 years of litigation and trial experience in a variety of mainly international but also domestic commercial and corporate cases including representing individuals and companies in regulatory enforcement proceedings. His practice also includes representing clients in criminal matters, mainly white-collar crime cases. He has in-depth experiences in cross-border litigation and international judicial assistance issues in civil and criminal matters, particularly in asset recovery, repatriation of assets and being expert in foreign proceedings. Many of Marcel Steinegger's clients have required his assistance regarding compliance, particularly anti-corruption and anti-money laundering issues, and other corporate, commercial, M&A or regulatory concerns. Long-term mandates as a board member including one of a bank provide him with the practical experiences on strategical and entrepreneurial topics. As a former law clerk at the District Court of Zurich and as a trial lawyer Marcel Steinegger gained a thorough knowledge in any kind of employment law matters, an additional area of expertise and specialization. He further assists HR managers and HR departments and gives lectures in employment law and HR matters. Marcel Steinegger has been a partner since 2001 and obtained his law degree from the University of Zurich in 1988 and his post-graduate degree from the University of San Diego (LLM) in 1998. His working languages are German and English. Marcel Steinegger is a member of the Zurich Bar Association.

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Hanife Zenuni

Hanife’s practice focuses on employment law and litigation in this field. She joined Froriep as an associate in 2012. After graduating in 2006, she worked as a law clerk and substitute judge at the Labour Court in Zurich. Hanife was admitted to the Zurich Bar in 2011. Her working languages are German, English and Albanian. Hanife is a member of the Zurich Bar Association, the Swiss Bar Association and the Zurich Professional Group of Employment. She is since November 2014 a board member of VS ZAV (pension foundation of Zurich Bar Association) and co-founder of FRORIEP HR-Circle (roundtable for HR Manager).

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