Working time management: your challenges

Transcription

1 Working time management: your challenges 1

2 Working time Definition Any time during which the employee has to be available for the employer Time spent travelling to and from work (commute) is not considered working time Time spent travelling to and from clients is considered working time to the extent of the respective time difference 2

3 Recording of working time Form Employees concerned Requirements How? Standard working time recording All employees who may neither waive right to record working time nor record it in a limited way Legal standard Number of hours worked as well as start and end time (incl. breaks) Limited working time recording Employees with a considerable flexibility in organising work and working time ( 25 %) Agreement between Employer and employees/employees representation Company with less than 50 employees: bilateral agreements Only number of hours worked Complete recording of time worked on Sunday and during night (incl. breaks) Renouncement to working time recording Employees with a high flexibility in organising work and working time ( 50 %) and yearly overall compensation of CHF Collective bargaining agreement no working time recorded 3

4 Working time Overtime vs Extra work Overtime Any hours beyond contractual or standard working time As far as necessary and reasonable Obligation of employee Compensation by free time, only possible with employee s consent (1:1) Salary supplement of 25 % (according to art. 321c Swiss Code of Obligation CO ) May be waived by written agreement Extra work Hours beyond maximal weekly working time as prescribed by the Employment Act Hours beyond 45 or 50 hours Obligation as far as necessary and reasonable Compensation by free time, only possible with employee s consent (1:1) Salary supplement of 25 %, except for first 60 hours in case of max. 45 hours/week, these have to be compensated acc. to overtime rules Waiver not possible 4

5 Working time Breaks Interruption of work for recuperation and consumption of food Minimal length - ¼ hour if working time > 5 ½ hours - ½ hour if working time > 7 hours - 1 hour if working time > 9 hours 5

6 Consequence in case of non-compliance Non-compliance with provisions on working time and resting periods (e.g. working on Sundays without permission) Employer: Fine of up to 180 daily fines (daily fine max. CHF 3 000) Employee: Direct criminal liability No working time recording despite obligation The employment authorities will ask for implementation of working time recording respectively immediate actions to record working time; possible administrative sanctions 6

7 Tools to manage time recording Directly in the tool Business Software IT Solutions Online Web platform Hardware/Mobile solutions Smartphone app Clocking machine 7

8 Employee Self Service 8

9 Employee Self Service Illness / accident Change of address Information Tasks Entry / Exit process Holiday balance Personal data Pay slips Electronic validations Military / Civil services Expense Salary certificate Documents Time / absence management Timesheet 9

10 Key success factors Legal requirements vs company policy; Anticipative communication : avoid / monitor excessive workload; Employee resistance to changes / Controlling; Choosing the appropriate tools and internal resources; 10

11 Questions? 11

12 Our specialists Laure Mori Geneva Yassin Abdin Geneva

13 This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers AG, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it All rights reserved. In this document, refers to PricewaterhouseCoopers AG which is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.