We all know that the normal working day is eight hours, but it can be extended to ten hours. However, this must be compensated for within the next 24 months so that the time is balanced out.
employees are entitled to a 30-minute break for working hours between six and nine hours. For working hours exceeding nine hours, a break of at least 45 minutes must be granted. There must be at least one break or rest period of eleven hours before the start of the next working day. However, there is also an exception that was possible until July 31, 2020, based on the Covid-19 Working Hours Ordinance. This legally defined exception allows the daily working time to be extended to up to 12 hours. This may not exceed 60 hours per week. In addition, the rest period between days may be reduced to 9 hours. However, these must then be compensated for within four weeks. This raises the question of whether this really adds value and has a positive effect on employees.
To date, there is no general obligation for employees to document their working hours.
However, an interesting question is how employers can determine whether working hours are being adhered to when employees are working from home. It is difficult for employers if they cannot see the situation for themselves. This is simply because of the possibilities in both directions: it is possible to abuse the system by reporting more working hours than were actually worked, but it is also possible to work too much. For this reason, it makes a lot of sense to delegate working hours. However, monitoring or regular spot checks should still be carried out. It is particularly useful and important for employers to introduce such working time checks for employees who work from home.
Is this case the end of trust?
Opinions differ widely as to whether this "control" completely abolishes trust. Trust-based working hours simply means working a certain number of hours within a certain period of time. Employees are free to decide how they organize or distribute these hours.
Business trips as working time?
What time counts as working time during a business trip? The following rule applies: If work is performed during a business trip, this time also counts as working time. It becomes questionable in cases where the employee is not working but, due to their absence from home, is unable to spend their free time as they wish. When traveling by public transportation, for example, if this time is not designated as work, it must also be separated from working time. The situation is different when traveling by car. In this case, the employee must drive the car themselves, so this time is considered working time.
