W większości państw świadczenie przez pracowników pracy w porze nocnej jest dozwolone bez konieczności uzyskania dodatkowych zezwoleń i zgód. Inaczej jest w Szwajcarii. Przepisy prawa szwajcarskiego wymagają uzyskania przez pracodawcę zezwolenia na pracę w nocy. Bez tego dokumentu praca w nocy stanowi poważne naruszenie prawa.
1. Prohibition of night work
As a general rule, night time in Switzerland includes the period between 11 p.m. and 6 a.m. However, night time may cover different hours in individual cantons.
In Switzerland, there is a general prohibition of night work. This rule isn’t absolute. Indeed, it’s possible to work at night provided that the employer obtains the appropriate permit and the employee’s consent. The obligation in question concerns both Swiss employers and these ones posting workers to Switzerland.
Certain professions and industries don’t require an authorisation for night work. These include, among others, health care, the hotel industry.
2. Types of night work
In Switzerland, two types of night work can be distinguished:
- temporary/occasional night work – this occurs in the event that night work lasts no more than a total of three months in a calendar year or doesn’t exceed six months at a time;
- regular night work – this is night work that exceeds the limit of 3 or 6 months, respectively; regular periods of work for the same purpose over several years are considered regular night work.
3. Competent authority
In order to legalise temporary night work, the employer should contact the appropriate labour inspection department in the given canton. Indeed, the authorisation isn’t issued for the whole of Switzerland, but it covers strictly specified canton.
Applications for permits for regular night work are examined by the State Secretariat for Economic Affairs.
4. Night work in Switzerland – obtaining an authorisation
The authorisation is issued at the request of the employer concerned.
There is no single universal application form. Individual cantons have their own templates for the application. Their common elements include, among others, specifying the details of the employee who is to provide night work and attaching the planned night work schedule. Another common element also concerns the employer’s obligation to demonstrate the necessity of night work.
It should be emphasised that the authorities examining the application pay close attention to the form printing and the language in which the request is submitted. If the application is submitted using an incorrect form template or in the wrong language, the authority won’t accept it.
Night work requires the explicit consent of the employee who will be performing this work. The consent shall be given in writing.
It should be emphasised that obtaining an authorisation for night work must be paid for. The fee is paid to the issuing authority. Prices vary depending on the canton in which the permit is applied for.
5. Medical examinations
If the employee performs work at least 25 nights per year, he/she has the right to undergo medical check-ups at the employer’s expense. Medical examinations should be performed at regular intervals every two years, and annually after the employee reaches the age of 45.
In certain cases, examinations are mandatory, e.g. for minors, for workers who perform stressful or dangerous activities, either who are exposed to stressful or dangerous situations.
The examinations should be carried out by a Swiss occupational doctor or a physician whose competence in this field has been recognised by the authorities of the given canton.
6. Night work in Switzerland – remuneration
National provisions provide for a salary supplement of up to 50% for occasional night work. Cantonal legislation may set this supplement at a different level.
If an employee regularly works at night, he/she is entitled to time off equal to 10% of the hours worked at night. It is unacceptable to replace time off with compensation. Indeed, the purpose of time off is to allow employees to recover their strenght.
7. Legal notice
The study is a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (OJ 2006, No. 90, item 631, consolidated text, as amended). Publishing or reproducing this study or its part, quoting opinions, as well as disseminating in any other way the information contained therein without the written consent of Crede sp. z o.o. is prohibited.
