Opting out of time recording

Can you really do without time recording in Switzerland? In principle, there is an obligation to record working hours, but there are clearly defined exceptions. Find out under what conditions companies are permitted to do without it and what you absolutely must bear in mind.

In Switzerland, time recording is generally mandatory. A complete exemption is only permitted in clearly defined exceptional cases.

In this article, you will learn: – when it is possible to waive the requirement for time recording – which legal requirements (Art. 73a ArGV 1) must be met – and when companies are required to use a time recording system.

Difference: Waiver vs. simplified time recording

People often confuse doing away with time recording altogether with simplified time recording.

• If this option is selected, working hours are no longer recorded
• With simplified time recording, only the daily working hours are recorded (without details of start and end times or breaks)

Important: Simplified time recording is permitted in far more cases than a complete waiver.

➡️ In practice, a complete waiver is the exception – not the rule.

Conditions for waiving time recording in Switzerland

(excluding employees in senior management roles)

For the waiver of time recording to be permissible, all the conditions set out in Art. 73a of the Ordinance on Working Hours (ArGV 1) must be met:

1. High level of autonomy for employees

👉 Basic requirement:

• Employees have a great deal of autonomy
• They are largely able to set their own working hours (≈ >50 %)

👉 Important:

• Not just flexitime
• but genuine self-organisation (e.g. leadership roles, expert roles)

2. Minimum wage: CHF 120,000 per year

• Gross annual income (including bonuses)
• at least CHF 120,000 for full-time work
• for part-time work, on a pro rata basis

3. Collective labour agreement (CLA) is mandatory

👉 Waiver is permitted only if:

• as provided for in the collective agreement
• which is supported by the majority of trade unions

👉 Without a collective agreement → no waiver is possible

4. Individual written consent

• Every data subject must give their consent in writing
• Waiver does not apply automatically

5. Protective measures in the collective agreement

The collective agreement must also ensure that:

✔️ in-house point of contact for queries regarding working hours

✔️Compliance with working hours and rest periods

✔️ Protection of employees' health

6. Right of withdrawal

• The waiver may be revoked by either party at any time

Legal basis: Art. 73a ArGV 1 explained simply

The option to dispense with time recording is set out in Ordinance 1 to the Labour Act (Art. 73a ArGV 1).

The Act sets out clear conditions:

• Minimum annual salary of CHF 120,000
• considerable flexibility regarding working hours
• provisions set out in the collective agreement (CA)
• individual written consent

If any of these conditions are not met, a waiver is not permitted.

When is it NOT permitted to waive time recording?

👉 If any of these conditions is not met:

• ❌ No collective agreement → no waiver
• ❌ Income below CHF 120,000
• ❌ no real autonomy
• ❌ no written agreement

➡️ In that case, the following applies automatically: 👉 standard or simplified time recording

What exactly does ‘renunciation’ mean?

👉Nothing is being recorded at all:

• ❌ No start/end time
• ❌ No breaks
• ❌ No hours

👉 Exception:

In some cases, documentation is still required for night work or Sunday work

Art. 9 ArGV 1 – Definition of ‘senior management role’

A person is considered to hold a senior management position if they have extensive decision-making powers or can significantly influence decisions of major importance, thereby shaping the company’s strategy.

Anyone in a ‘senior management role’ is not subject to the Employment Act → and is therefore not required to keep a record of their working hours.

What does this mean for your business?

In practice, very few employees can manage without time tracking.

The following applies to most companies:

➡️ Time recording in accordance with the law remains mandatory.

With a digital solution, you can ensure that:

• all legal requirements are met
• working hours are correctly recorded
• inspections are passed without any problems

👉 Check now whether your time tracking system complies with the law