Break regulations in Switzerland: guidelines for a restful break

For some it is sacred, others neglect it, and in some cases it even leads to conflicts in teams: taking a break. It plays an important role in performance and productivity at work. But many employees don’t fully realize what their entitlement to a break is.

This entitlement is precisely defined: the break regulations set out the circumstances under which employees in Switzerland can – or must – take a break from work and for how long.

Switzerland’s break regulations in the Employment Act (EA)

The legal basis for the regulation of breaks and rest periods in Switzerland can be found in Art. 15 of the Federal Act on Work in Industry, Trade and Commerce (in German), known as the Employment Act (EA). It stipulates that work must be interrupted by breaks of the following minimum duration:

• quarter of an hour for a working day of more than five and a half hours;
• half an hour for a working day of more than seven hours;
• one hour for a working day of more than nine hours

If you work less than five and a half hours a day, there is no legal entitlement to a break.

Furthermore, breaks are not paid. And breaks are deemed to be working time if employees are not allowed to leave their place of work while doing so.

In addition to work breaks, the rest period is also important. This is the period during which the employee is not expected to work, but should be resting at the end of their daily working hours. Employees are entitled to an uninterrupted rest period of at least 11 hours within 24 hours. The rest period may be reduced to eight hours for adult employees once a week, provided that an average of eleven hours is complied with over two weeks.

Special cases for more or longer breaks

In certain circumstances, employees are entitled to more or longer breaks. Pregnant women in Switzerland, for example, have additional rights when it comes to breaks: If you work mainly standing on your feet, you can take a special ten-minute break every two hours from the fourth month of pregnancy.

The same break regulations apply to young employees as to adults: Work must be interrupted in the middle of working hours by one or more breaks of the following minimum duration:

• 1/4 hour for working time of more than five and a half hours
• 1/2 hour for working time of more than seven hours

In addition, special rules may apply to employees if their individual employment contract provides for this, or if extra breaks are needed due to health restrictions.

What counts as a break?

When is a break a break? Under Swiss labor law, a break is defined as a period that meets the following criteria:

• No work performance: during the break, employees are not allowed to perform work that is part of their professional duties.
• Full discretion: employees must be free to decide how and where they spend this time.
• No availability to work: employees do not have to be available for work assignments and are allowed to leave the company premises.

However, the reality is usually different: in practice, the line between breaks and working hours is all too often blurred. For example, many employees use their lunch break to do work-related tasks in addition to eating. This makes it all the more important to clarify when a work interruption does not count as a break. Specifically, if the following criteria apply:

• Ongoing availability to work: employees are still available to work and can resume work immediately.
• Work tasks completed: employees continue to perform tasks related to their work, such as answering emails or phone calls.
• Restricted freedom: employers prescribe where employees have to be located during a work interruption.

Break regulations: employees’ rights and obligations

The Employment Act primarily serves to protect employees and their health. The right to breaks – as defined in the EA – is therefore essential to every employment relationship. However, there is not only a right to take breaks, but also a requirement to do so: employees are not allowed to forego their break or “work through” in order to end the working day early in return. Finally, the break regulations are intended to help ensure that employees’ health is protected. In some professions, a break is also important in order to maintain employees’ concentration and ability to perform – and thus avoid mistakes, accidents and safety risks.

Conversely, employees also have obligations: they must comply with the prescribed breaks and must not extend them arbitrarily. In addition, employees should coordinate their break times with employers, line managers and, if necessary, with colleagues to ensure that operations run smoothly.

Break regulations: employers’ rights and obligations

Employers in Switzerland are required by law to record the working time of their employees. They must be able to prove the daily and weekly working hours, including compensatory and overtime work. They must also provide their employees with the right time-recording systems to do so.

Companies must additionally ensure that employees comply with the break regulations and actually take their breaks. Employers are equally obliged to provide appropriate working conditions that do not endanger employees’ health. This may include, for example, setting up break rooms where this is appropriate and practicable.

On the other hand, employers also have rights when it comes to their employees’ breaks: they may organize and define working hours and break times within the scope of legal requirements – and take appropriate disciplinary action in the event of non-compliance. This is of course subject to the measures complying with labor law.

Here’s what you can do to enforce your right to a break

Does your company not allow you to take your minimum breaks, does it restrict your freedom during a break from work, or require you to carry out work-related tasks during your downtime? In such cases, you should take urgent steps to enforce your right under the Swiss break regulations. Here are four tips that can help you:

1. Talk to your employer
   The first step should always be a discussion with your employer. Ambiguities or problems can often be clarified through a face-to-face discussion.
2. Involve the union
   If you are a member of a trade union, you can ask them for help. Trade unions provide legal support and help enforce workers’ rights.
3. Report your concerns to the labor inspectorate
   If the internal steps do not solve the problem, you should report your situation to the relevant labor inspectorate. The latter is responsible for monitoring compliance with the labor law and can intervene in the event of violations.
4. Take legal action
   As a last resort, you can take legal action. However, you should only consider this if all other options have been exhausted. Good legal protection insurance serves you well in such a case: it not only relieves you financially if legal action becomes necessary, but also supports you with helpful practical tips and advice from legal professionals.