Legal Breaks and Working Hours in Switzerland

Switzerland's journey toward regulated working hours and breaks began in the industrial revolution, when rapid mechanization led to exploitative conditions in factories, especially in textiles. The canton of Glarus pioneered change in 1864 with the Fabrikpolizeigesetz, limiting daily work to 12 hours and banning night work for children under 14. This local initiative inspired others; by 1872, Glarus reduced the limit to 11 hours. Other cantons followed, but inconsistencies highlighted the need for national standards.

The 1874 revision of the Swiss Federal Constitution empowered the federal government to legislate on labor issues (Article 34 BV). In 1877, Switzerland enacted the groundbreaking Bundesgesetz über die Fabriken (Federal Factory Law), one of the world's first national labor protections. It capped adult working hours at 11 per day, prohibited child labor under 14, and introduced factory inspections. This law was innovative internationally, intervening in contractual freedom to prioritize health amid growing worker movements and strikes.

The early 20th century saw expansions: In 1902, protections extended beyond factories to crafts and trade. Post-World War II reforms addressed broader societal needs, culminating in the 1964 Arbeitsgesetz (ArG), effective from 1966. This replaced the outdated Factory Law, standardizing rules across industries while allowing cantonal variations. Key revisions in 1998 modernized it further, incorporating EU influences through bilateral agreements, though Switzerland remains outside the EU.

These developments reflect Switzerland's consensus-driven democracy, balancing employer interests with worker rights via referendums and social partnerships. For freelancers today, this history underscores a shift from rigid factory schedules to flexible self-employment, echoing the pre-industrial era of independent artisans.

Today, the Arbeitsgesetz (ArG) and its ordinances (ArGV 1–5) form the backbone of Swiss labor regulations, overseen by the State Secretariat for Economic Affairs (SECO). These apply to most employees in private sectors, excluding public administration, agriculture, and certain executives.

Breaks are mandatory to prevent fatigue and promote health, positioned ideally mid-shift. They aren't counted as working time unless specified in contracts.

Breaks can be split (e.g., two 15-minute sessions for 30 minutes total), but each segment must be at least 15 minutes if over half an hour. For youth under 18, rules are stricter: longer breaks and no night work.

Short interruptions like bathroom visits aren't formal breaks but shouldn't require clocking out unless abused. Employers must provide break facilities, and collective agreements (Gesamtarbeitsverträge, GAV) often enhance these minima.

Enforcement involves cantonal labor inspectors, with fines for violations. In 2023, SECO reported increased focus on remote work, where tracking breaks is challenging.

While the ArG protects employees, freelancers (Freelancer or Selbstständige) operate under the Code of Obligations (OR) as independent contractors, not the Labor Act. This means no mandatory breaks, hour caps, or paid overtime — you set your own schedule, but at your own risk.

A key pitfall is "pseudo-self-employment" (Scheinselbständigkeit), where freelancers are de facto employees (e.g., fixed hours, no other clients). If proven, the ArG applies retroactively, potentially leading to back payments for breaks and social contributions. Criteria include economic dependence, use of employer tools, and lack of entrepreneurial risk. To qualify as truly self-employed, register with the AHV (old-age and survivors' insurance) compensation office, prove multiple clients, and handle your own invoicing.

Freelancers must self-fund social insurances: AHV/IV/EO (pension, disability, maternity — about 10–15% of income), optional occupational pension (BVG), and accident insurance (UVG). Taxes are self-declared, with VAT obligatory above CHF 100,000 annual turnover. EU/EFTA citizens can freelance easily, but non-EU need permits.