Must all employees in Switzerland record their working hours?

In principle, yes - the Swiss Employment Act (ArG) obliges employers to record working hours. However, there are exemptions for senior employees (Art. 3 ArG) and the possibility of simplified recording via collective labour agreement (CLA) for employees earning from CHF 120'000 annual salary.

How long must working time records be retained?

Working time records must be retained for 5 years (Art. 46 ArG). In the event of disputes, longer retention is recommended.

What happens if I as an employer do not keep time records?

Violations of the working time recording obligation can be penalised with fines of up to CHF 40'000 (Art. 59 ArG). Furthermore, in the absence of documentation, employees typically have a stronger legal position in the event of a dispute.

Time Tracking Requirement Switzerland 2026: What the Law Requires

As an employer or self-employed person in Switzerland, sooner or later you will face the question: do I really have to record the working hours of my employees - and if so, how precisely? The short answer: yes, in principle. But Swiss employment law offers more flexibility than many people think.

In this article, you will learn what the Swiss Employment Act (ArG) specifically prescribes, who can claim exemptions, and how to implement the time tracking obligation pragmatically and in a legally compliant manner.

Contents

Legal Basis
Who Must Record Working Hours?
Exemptions: Who Is Exempt?
Simplified Time Tracking via CLA
What Exactly Must Be Recorded?
Retention Obligation: 5 Years
How to Implement the Obligation Pragmatically
Consequences of Non-Compliance

Legal Basis

The obligation to record working hours arises from several legislative sources:

Swiss Employment Act (ArG) - Art. 46

Employers are obliged to document working hours

Art. 46 ArG obliges employers to keep records of the hours actually worked, including overtime, and to make these available to the competent authority upon request. The records must be retained for at least 5 years.

Swiss Code of Obligations (CO) - Payroll Accounting

Basis for payroll and overtime

The Swiss Code of Obligations (CO) (Art. 321c) governs overtime compensation. Without time tracking, overtime entitlements can neither be calculated nor proven - which works against the employer in the event of a dispute.

Scope of Application

The Swiss Employment Act (ArG) applies to all employees in industrial and commercial establishments as well as in the services sector. Not subject to the ArG are, amongst others, public households, agricultural enterprises, and certain religious institutions - special regulations apply to these.

Who Must Record Working Hours?

In principle, the time tracking obligation applies to all employees subject to the Swiss Employment Act (ArG). These include:

Full-time and part-time employees
Employees working from home
Temporary employees
Apprentices (trainees)
On-call employees (with heightened requirements, see Art. 19 ArGV 1)

Exemptions: Who Is Exempt?

The law provides for clear exemptions:

Senior Employees (Art. 3 lit. d ArG)

Persons in a "senior position" or engaged in "higher trusted activities" may be exempt from the Swiss Employment Act (ArG). For these persons, neither the working time regulations nor the time tracking obligation applies. Criteria for a "senior position":

Significant decision-making authority (personnel decisions, budget responsibility)
No direct supervision by a line manager in day-to-day business
Typically: members of senior management, heads of division, C-level executives

Please Note

The term "senior position" is interpreted narrowly by the cantonal labour inspectorates. A team leader with 5 employees is typically not considered a "senior employee" within the meaning of Art. 3 ArG. If in doubt, seek clarification or obtain legal advice.

Self-Employed Persons

Anyone who is genuinely self-employed - i.e. not an employee within the meaning of the Swiss Employment Act (ArG) - has no time tracking obligation towards a client. However, for one's own hourly rate calculation and invoicing, maintaining personal time records is commercially sensible.

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Simplified Time Tracking via CLA

Since 2016, an important exemption option has existed through collective labour agreements (CLA):

Simplified Time Tracking - Art. 73a ArGV 1

Available for employees earning from CHF 120'000 annual salary

If a generally binding or company-level CLA provides for it, employees with an annual salary of at least CHF 120'000 may dispense with full time tracking. Instead, a simple record of days worked (without precise hours) is sufficient. Requirement: the employee must agree in writing and must be able to arrange their work flexibly.

Full Waiver of Time Tracking - Art. 73b ArGV 1

For employees earning from CHF 120'000 with greater autonomy

Where there is even greater autonomy (fully free arrangement of working hours), time tracking may be waived entirely by CLA. This option is rare and requires particularly structured CLA provisions and the written consent of the employee.

What Exactly Must Be Recorded?

The statutory minimum requirements include:

Required Entry	Details	Basis
Start/End of Working Time	Actual hours worked (not target hours)	Art. 46 ArG
Breaks	From 30 min. when working more than 5.5 hours	Art. 15 ArG
Overtime	All hours beyond those contractually agreed	Art. 321c CO
Night and Sunday Work	Where subject to authorisation or supplement requirements	Art. 17/17a ArG
Holidays and Absences	Holiday days, sick days, public holidays	Best Practice / CLA

Maximum Permissible Working Hours

The Swiss Employment Act (ArG) also sets clear limits:

Maximum weekly working hours: 45 hours (industrial, office, retail) or 50 hours (other establishments)
Maximum daily working hours: Max. 14 hours (including overtime)
Rest period: At least 11 hours between two working days
Overtime: Maximum 2 hours of overtime per day (except in urgent cases)

Retention Obligation: 5 Years

Retention of Working Time Records

5 years (Art. 46 para. 1 ArG)

All working time documents must be retained for 5 years after their creation and must be made available to the cantonal labour inspectorate upon request. In the event of disputes (overtime claims, wage claims), longer retention is advisable.

How to Implement the Obligation Pragmatically

There are various ways to record working hours in a legally compliant manner:

Option 1: Excel / Google Sheets

The simplest solution for small businesses and freelancers. Important: the spreadsheet must contain start, end, breaks, and overtime, and must be updated regularly (daily or weekly). Employees should confirm the document with a date and signature (or electronically).

Option 2: Dedicated Time Tracking Software

For businesses with 5 or more employees, a software solution is recommended:

Bexio, Accounto: Swiss accounting software with integrated time tracking
Clockify, Toggl: Free tools, straightforward, browser-based
TimeMoto (Safescan): Hardware + software for clocking-in systems
Personio, Abacus: HR software with comprehensive time tracking

Option 3: Mobile App

For field staff, tradespeople, and teams without a fixed workplace, apps such as TimeTac, ZEP, or Harvest are suitable. GPS time stamping and automatic evaluations are possible.

Practical Tip

Have employees maintain their own time records and countersign them mutually each month. This way there are no surprises, the data is accurate, and in the event of a dispute you have a legally robust document.

Consequences of Non-Compliance

Employers who fail to meet the time tracking obligation risk:

Fines of up to CHF 40'000 (Art. 59 ArG) for violations of working time regulations
Disadvantage in disputes: Without time tracking, employees generally have a stronger evidential position in overtime claims
Obligation to make back payments for overtime that the employee can credibly substantiate
Reputational damage in employer reviews and on the recruitment market

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Conclusion

Working time recording is compulsory in Switzerland - but not as rigid as many fear. The law permits exemptions for senior employees and, with simplified time tracking via CLA, offers a practical solution for companies with highly qualified employees. For most SMEs, the rule is: careful, regularly updated time tracking - whether in Excel or software - is the simplest way to fulfil the obligation in a legally compliant manner.

Invest once in a good system, explain it to your employees, and you will have a legally sound foundation for the years ahead - whilst also gaining a tool for better workforce planning and fair overtime settlement.

Sources

Swiss Employment Act (ArG): Fedlex - ArG
ArGV 1 (Time Tracking Art. 73a, 73b): Fedlex - ArGV 1
SECO - Working Time Regulations: seco.admin.ch
SME Portal - Working Hours: kmu.admin.ch

Disclaimer: This information is of a general nature and does not replace individual advice. The Swiss Employment Act and its implementing ordinances may be applied differently depending on the sector, size of business, and individual CLA. For specific questions, we recommend consulting an employment law specialist or the cantonal labour inspectorate. As at: June 2026.