During the working day, the employer must take all necessary measures to protect the health of their employees according to Art. 6 of the Labor Law (LTr). Therefore, breaks at work are a mandatory obligation imposed on the employer, who must grant them to their employees.
The Break
Breaks must interrupt work, so leaving work earlier does not count as a break. It is also not possible to skip breaks in order to leave work earlier. Breaks are imposed on workers to protect their health and prevent accidents due to fatigue. Generally, workers are free to leave their workstations. Travel time to leave the workplace and return to the workstation is counted as part of the break.
Minimum Break Time
Art. 15 para. 1 LTr mandates a minimum break time depending on the number of working hours. Specifically:
For a working day of more than five and a half hours, a minimum break of fifteen minutes is mandatory.
When daily working hours exceed seven hours, a thirty-minute break is required.
For working days exceeding nine hours, a one-hour break is required.
Art. 18 para. 3 of the Ordinance on Labor Time (OLT 1) specifies that breaks of thirty minutes or more can be split.
In cases of variable working hours, breaks are determined based on an average of working hours.
Generally, breaks do not count as working hours. However, Art. 15 para. 2 LTr states that if the worker is not allowed to leave their workstation during breaks, these breaks are valid but count as working hours.
Special Protective Provisions
The employer must consider personal circumstances when setting working and rest hours.
Art. 36 LTr requires the employer to take the worker's family situation into account. For instance, parents of children under 15 can benefit from this protection. Employees covered by Art. 36 LTr can also request a one-and-a-half-hour lunch break.
Additionally, mothers who are breastfeeding have the right to specific breaks (Art. 35a para. 2 LTr). Art. 60 OLT 1 specifies the minimum time allocated for breastfeeding. For a working day of four hours, at least thirty minutes are granted. For working days exceeding four hours, at least one hour is granted. For working days over seven hours, at least one and a half hours is required. This breastfeeding time is counted as working hours.
Conclusion
These provisions are imposed to protect the health of workers. It is the employer's duty to implement and enforce these standards. Thus, breaks cannot be overlooked; they must be respected to allow employees to rest and effectively perform their work tasks.
If you believe your employer is not meeting their obligations, we are available to advise, assist, and help you assert your rights (021 351 30 00 or www.cjdv.ch).
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