Holidays Equivalent to Sundays
Swiss National Day (August 1) is the only federally regulated paid holiday. It is treated the same as Sundays, is a day off from work, and employers are required by law to pay employees their full wages for that day. The regulations governing Sunday work apply if employees are required to work on August 1.
In addition to August 1, the cantons may designate up to 8 of their public holidays as equivalent to Sundays (see the form “Public Holiday Regulations for the Canton of Schwyz”). As on Sundays, work is prohibited on these days. However, employers are not legally required to pay for these 8 public holidays. It may be contractually agreed that time off must be taken in advance or made up later. It is, however, common practice for employees on a monthly salary to have payment for these public holidays contractually agreed upon (see https://www.kmu-magazin.ch/recht/die-haeufigsten-arbeitsrechtlichen-fragen-rund-um-feiertage). Anyone who was sick on a public holiday is not entitled to compensatory time off. However, if a public holiday falls during vacation time, no vacation day needs to be used for it. Employees paid by the hour are also not entitled to pay for these days. However, payment is often contractually guaranteed for them as well. Either they are credited with a full workday, or 3.175% (for 8 public holidays in a 5-day workweek) is added to their hourly wage.
Work on holidays may be regulated on a case-by-case basis in a collective bargaining agreement (CBA).
If work is to be performed nonetheless, businesses subject to the Labor Act must obtain the appropriate authorization. This is subject to special provisions for certain groups of businesses or employees in accordance with Ordinance 2 to the Labor Act (ArGV2).
Ongoing or regularly recurring Sunday work is authorized provided it is indispensable for technical or economic reasons. Temporary Sunday work is authorized provided that an urgent need is demonstrated (Art. 19, paras. 2 and 3, ArG). Permanent or regularly recurring Sunday work is authorized by SECO; temporary Sunday work for up to 6 Sundays per calendar year is authorized by the cantonal authority (Art. 19, para. 4, ArG). The form for applying for authorization to work on Sundays and holidays in the canton of Schwyz can be found at the link below.
If an employee must work on a public holiday or Sunday, the employer must pay the employee a 50% premium. This premium must be paid in all cases of temporary Sunday work (Art. 19(3) ArG), both for employees paid a monthly salary and those paid an hourly wage. This also applies to so-called “executives” who cannot be considered employees in a higher managerial position (Art. 9 ArGV1). In the case of permanent or regularly recurring Sunday work, this premium is not owed, and it is assumed that Sunday work is already factored into the monthly or hourly wage.
In accordance with Art. 20 of the Labor Act (ArG) and Art. 21 of the Ordinance on Working Hours (ArGV1), compensatory rest is also provided for. Sunday work lasting up to 5 hours must be compensated for with time off within 4 weeks. If the work lasts longer than 5 hours, a compensatory rest day of at least 24 hours—falling on a workday—must be granted during the preceding or following week, immediately following the daily rest period, thereby providing a continuous rest period of 35 hours. In the case of Sunday work, an employee may not work more than 6 consecutive days.
In general, an employee may not be required to work on Sundays or at night without his or her express consent.
Special provisions apply to certain categories of employees and businesses, allowing them to work on Sundays without prior authorization (see Ordinance 2 to the Labor Act).
Sunday work may be regulated on a case-by-case basis in a collective bargaining agreement.
Holidays That Are Not Equivalent to Sundays
In addition to the 8 holidays mentioned above, cantons or municipalities may designate additional holidays as public days of rest in their laws governing days of rest; however, these are not considered equivalent to Sundays under the Labor Act, but are treated as workdays for the purposes of labor law. If these fall on workdays, they are considered normal workdays on which work may not be performed—if at all—due to cantonal or municipal regulations, and the municipal laws on days of rest apply (Art. 71(c) ArG). The cantons may also regulate their public holidays differently depending on the specific region within the canton.
According to Art. 11 of the Labor Act (ArG), for holidays that are not treated as Sundays and that fall on a normal workday, it may be contractually agreed that the time off must be taken in advance or made up later, or that it is unpaid.
Please refer to SECO’s guidance on Art. 20a of the Labor Act.
Since the regulation of holidays not equivalent to Sundays is left to the cantons or municipalities, it is essential to consult the relevant legal provisions of the canton in question. The following information therefore applies only to the canton of Schwyz. Public holidays not considered equivalent to Sundays (the cantonal public holidays as listed in the “Public Holiday Regulations for the Canton of Schwyz” form) are governed by the Canton of Schwyz’s Rest Day Act. Businesses must remain closed on these holidays. If work is to be performed on these days nonetheless, authorization from the Office of Labor (Labor Inspectorate) is required. The form for applying for authorization to work on Sundays and holidays in the Canton of Schwyz can be found at the link below.
If work is performed subject to authorization, the working hours must be compensated on a one-to-one basis. A 50% wage premium does not have to be paid.
If work is to be performed on the patron saint’s feast day—that is, on traditional municipal holidays (work only, no sales)—municipal approval is required. If work subject to approval is performed, the working hours must be compensated on a one-to-one basis. A 50% wage premium does not have to be paid.
Here are two real-world examples:
- A plastering company from the canton of Zurich is sending one of its plasterers to Lachen in the canton of Schwyz on August 15 (Assumption Day) to perform plastering work on a house there. Is this permissible?
Answer: This is not permitted. The work is performed in the canton of Schwyz. The Assumption of Mary is a public holiday in the canton of Schwyz on which work is not permitted (see § 3 of the Canton of Schwyz’s Rest Day Act). The origin or location of the employer (the business) is irrelevant. The decisive factor is where the work is performed.
- A drywall contractor from the canton of Schwyz is sending one of its drywall installers to Zurich on August 15 (the Feast of the Assumption) to perform drywall work in a house there. Is this permitted?
Answer: This is permitted, but the employee must consent, as the employer must respect the employee’s freedom of religion. The working hours must be compensated on a one-to-one basis; a 50% premium does not have to be paid. Here, too, the decisive factor is where the work is performed. In the canton of Zurich, the Assumption of Mary is not a public holiday.