Federal law on work in industry, trade and commerce
| Basic data | |
|---|---|
| Title: | Federal law on work in industry, trade and commerce |
| Short title: | Labor law |
| Abbreviation: | ArG |
| Type: | Federal law |
| Scope: | Switzerland |
| Legal matter: | Employment Law |
|
Systematic legal collection (SR) : |
822.11 |
| Original version from: | March 13, 1964 |
| Entry into force on: | 1st February 1966 |
| Last change by: | AS 2006 2197 (PDF; 686 kB) |
| Please note the note on the applicable legal version. | |
The federal law on work in industry, trade and commerce ( SR 822.11) is the labor law (ArG) of Switzerland . The aim is to maintain occupational safety and thereby protect employees from health hazards. The federal law is applicable to all public and private companies, in particular to companies in industry , trade and commerce .
In particular, the labor law specifies working hours (maximum weekly working hours, overtime , rest periods and breaks), night work, Sunday work, shift work and uninterrupted operation, special protection for young people, pregnant women and mothers, industrial companies and health protection in general.
history
The first labor law in Switzerland was the Factory Police Act of the Canton of Glarus of 1864, which limited working hours to 12 hours, banned night work, granted protection to pregnant women and made factories subject to mandatory inspection.
This law was followed by other similar laws in other cantons.
The first Federal Factory Act followed in 1877 , which was based on Article 34 of the Federal Constitution of 1874 and stipulated working hours at a maximum of 11 hours, did not allow night work and introduced an age of consent of 14 years.
In 1919 the 48-hour week was enshrined in the Factory Act.
With the referendum of July 5, 1908, the federal government was empowered (Federal Constitution Article 34) to draw up uniform provisions in the field of trade (expansion of occupational health and safety legislation beyond factories and transport companies). Work on a general labor law got off to a slow start and was repeatedly delayed by the war and crisis years and the social, economic and social change in the post-war years ( peace agreements , women's suffrage , etc.).
There were numerous drafts that repeatedly led to critical disputes and adjustments based on the consultation responses: 1918 from the Swiss Trade Association , 1928 from the Association of Swiss Employees' Associations , 1929 from the Swiss Association of Protestant Workers and Employees , 1934 and 1943 from the National Action Group for Economic Defense , In 1935 a counter-draft by the Swiss Federation of Trade Unions followed in 1935 with the official "Pfister preliminary draft" for a federal law on work in commerce and trade, in 1945 the Federal Office for Industry, Commerce and Labor (BIGA) created social changes under the influence of the crises and war years Anschauungen a “preliminary draft of a federal law on work in trade and trades”, an adjusted “draft of a federal law on work in industry, craft, trade, transport and related branches of the economy (labor law)” appeared in 1950.
On February 1, 1966, the now valid labor law came into force and has been repeatedly adapted since then. It contains minimum conditions monitored by public law, which are, however , undercut in part by collective agreements.
content
In addition to the scope and implementing provisions, the following main articles are part of the law:
- Health protection
- Art. 6 - Obligations of employers and employees
- Art. 7 - Planning approval and operating license
- Art. 8 - Non-industrial companies
- Working and rest time
- Art. 9 - Maximum weekly working hours
- Art. 10 - Day and evening work
- Art. 11 - Compensation for lost working hours
- Art. 12 - Requirements and duration of overtime work
- Art. 13 - Additional pay for overtime work
- Art. 14
- Art. 15 - Breaks
- Art. 15a - Daily rest
- Art. 16 - Prohibition of night work
- Art. 17 - Exceptions to the ban on night work
- Art. 17a - Duration of night work
- Art. 17b - Wage and time allowance
- Art. 17c - Medical examination and advice
- Art. 17d - Unfit for night work
- Art. 17e - Further measures for night work
- Art. 18 - Prohibition of Sunday work
- Art. 19 - Exceptions to the ban on Sunday work
- Art. 20 - Free Sundays and substitute rest
- Art. 20a - Holidays and religious celebrations
- Art. 21 - Weekly free half-day
- Art. 22 - Prohibition of compensation for rest time
- Continuous operation
- Art. 23
- Art. 24 - Uninterrupted operation
- Further regulations
- Art. 25 - Shift change
- Art. 26 - Further protective provisions
- Art. 27 - Special provisions for certain groups of companies or employees
- Art. 28 - Minor deviations
- Special protection regulations
- Young workers
- Art. 29 - General rules
- Art. 30 - Minimum age
- Art. 31 - Working and rest time
- Art. 32 - Special duty of care of the employer
- Art. 33
- Art. 34
- Pregnant women and nursing mothers
- Art. 35 - Health protection during maternity
- Art. 35a - Employment in the event of maternity
- Art. 35b - Replacement work and continued payment of wages in the event of maternity
- Workers with family responsibilities
- Art. 36
- Other groups of workers
- Art. 36a