What trust-based working time means legally
In everyday use, trust-based working time means flexible hours without supervision by managers. The Labour Act does not know the term. What matters is which form of time recording applies. Simply not recording time without meeting the conditions of Article 73a ArGV 1 breaches the recording duty, even if everyone involved agrees.
The three forms of time recording at a glance
Which form applies depends on autonomy, salary and the agreements in the company:
- Full recording (Art. 73 ArGV 1): the default for all employees. Start and end of work are recorded, as well as breaks of 30 minutes or more.
- Simplified recording (Art. 73b ArGV 1): for employees who decide a significant part of their own working hours. Only the hours worked per day are recorded.
- Waiver of recording (Art. 73a ArGV 1): only with a collective labour agreement, a high degree of autonomy and an annual income above CHF 120,000. This comes closest to trust-based working time in the strict sense.
Simplified time recording under Art. 73b ArGV 1
Simplified recording is the answer for most teams with flexible hours. It requires neither a collective labour agreement nor a salary threshold. The following rules apply:
- Only the hours worked per day need to be recorded.
- For night and Sunday work, the start and end times are still required.
- In companies with fewer than 50 employees, an individual written agreement is enough.
- Larger companies need a collective agreement with the staff representation or, where there is none, with a majority of employees.
- Workload has to be discussed once a year and that conversation must be documented.
Waiving time recording under Art. 73a ArGV 1
Only employees who meet all of the following conditions at the same time may waive recording completely:
- A collective labour agreement (GAV) allows the waiver and sets out measures to protect health.
- The employee has a high degree of autonomy and can set most of their working hours themselves.
- The gross annual income is above CHF 120,000, including bonuses.
- The employee signs an individual, written waiver, which can be revoked every year.
The legal limits still apply
Even with simplified recording or a waiver, maximum hours, breaks, rest periods and the rules on night and Sunday work still apply. The employer remains responsible for protecting health. Especially where people have a lot of autonomy, simple recording helps to spot overload early.
Common mistakes in practice
These are the mistakes we see most often in small businesses:
- Agreeing on trust-based working time in the employment contract and therefore recording nothing at all.
- Introducing simplified recording for everyone, including employees with fixed rosters.
- Signing only individual agreements in companies with 50 or more employees instead of a collective agreement.
- Forgetting the annual workload conversation or not documenting it.
- Applying the waiver without a collective labour agreement or below the CHF 120,000 salary threshold.
How to put it into practice with Zytbox
Zytbox supports both full and simplified recording, so you can choose the right model for each team. Balances and reports are calculated automatically in both cases, every change is logged, and the data stays available for the legal retention period.
This is not legal advice
This guide gives a plain-language overview and does not replace individual legal advice. The texts of Ordinance 1 to the Labour Act (ArGV 1) are binding. If in doubt, contact your cantonal labour inspectorate or SECO.