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RS 822.21 Federal Act of 8 October 1971 on Labour in Public Transport Companies (Hours of Work Act, LDT)

Original Language Title: RS 822.21 Loi fédérale du 8 octobre 1971 sur le travail dans les entreprises de transports publics (Loi sur la durée du travail, LDT)

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822.21

Federal Labour Act in Public Transport Companies

(Hours of Work Act, LDT) 1

8 October 1971 (State 1 Er January 2016)

The Swiss Federal Assembly,

Having regard to art. 24 Ter , 26, 34 Ter , 36, and 64 Bis Of the Constitution 2 , given the message of the Federal Council of 17 February 1971 3 ,

Stops:


Scope of application

Art. 1 Enterprises

1 Are subject to the law: 1

A. 2
...
B. 3
Railway and trolleybus companies;
C. 4
Automobile dealerships;
D.
Licensed navigation companies;
E.
Cable car companies;
F. 5
Companies that are in charge of a company referred to in the let. Has the opportunity to conduct regular professional races.

1bis Railway undertakings that have a grant under s. Shall be deemed to be dealers. 5 of the Federal Railways Act of 20 December 1957 6 Or a grant or authorization under s. 6 to 8 of the Law of 20 March 2009 on passenger transport 7 Companies that are concessionaires are railway undertakings whose vehicles have access to the network or which use the infrastructure of a concessionaire on a contractual basis. 8

2 If only parts of a company are used for public transport, they are subject only to the law.

3 Enterprises having their headquarters abroad are subject to the law insofar as the workers they occupy have an activity on Swiss territory subject to the law. Concessions may specify the requirements to be observed in each case.

4 The ancillary services which constitute a necessary or useful complement to one of the undertakings mentioned in para. 1 may be subject to the law by order.


1 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
2 Repealed by c. II 2 of the annex to the L of 17 Dec. 2010 on the organization of the Post, with effect from 1 Er Jan 2016 ( RO 2012 5043 , 2015 2067; FF 2009 4731 , 2013 4153).
3 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
4 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
5 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 5628; FF 2005 2269 , 2007 2517).
6 RS 742.101
7 RS 745.1
8 Introduced by ch. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 5628; FF 2005 2269 , 2007 2517).

Art. 2 Workers

1 The Act applies to workers who are employed by one of the undertakings referred to in s. 1 and are subject to an exclusively personal service. The law is also applicable when the activity is carried out abroad; conventions between states or more stringent provisions of foreign legislation are reserved.

2 The law applies to postal operators and other subcontractors, as well as to owners of concessionaires, to the extent that they themselves carry out races subject to concession. 1

3 The applicability of the law to workers who are employed only to a lesser extent in an art company. 1 and to those employed by postal agencies is governed by the order. 2

4 The law does not apply to workers in administrative services whose service reports are public law.


1 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 5628; FF 2005 2269 , 2007 2517).
2 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 5628; FF 2005 2269 , 2007 2517).

II. Hours of Work and Rest

1. Workers in the Operational Service

Art. 3 Work day

The working day within the meaning of this Law shall include the tour of duty and the rest of the rest.

Art. 4 Job Duration

1 On average, the daily duration of the work is at least seven hours. 1

2 In services where working time consists of more than two hours of simple attendance, the average daily working time may be extended by no more than forty minutes. These services are referred to in the order.

3 The duration of the work shall not exceed ten hours in the same tour of duty, or nine hours on average in a group of seven consecutive working days.


1 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 5628; FF 2005 2269 , 2007 2517).

Art. 4 Bis 1 Time Enhance

The work provided between 22 hours and 6 hours gives the right in principle to a bonus in time. The Federal Council sets the rates of improvement and the time periods to which they apply; it regulates compensation.


1 Introduced by ch. I of the PMQ of 19 March 1993, in force since 1 Er Jan 1994 (RO) 1993 2916; FF 1991 III 1281).

Art. 5 Additional work

1 Where the duration of the service schedule is exceeded for service reasons, the surplus shall normally be considered as additional work.

2 As a general rule, overtime work must be compensated for by a leave of the same duration. Where compensation is not possible within a reasonable period of time, the additional work is paid. The allowance corresponds to the salary plus at least 25 %. No more than one hundred and fifty hours of overtime may be paid in each calendar year.

3 When compelling reasons, such as the case of force majeure or interference with the operation, require more than ten minutes to exceed the maximum hours of work set out in s. 4, para. 3, working time in excess of ten or sixty-three hours shall be compensated by leave of the same duration within the following three working days; in addition, compensation calculated according to para. 2 is paid.

Art. 6 Service Tower

1 The tour of duty includes working time and breaks. It shall not exceed twelve hours on average twenty-eight days. The tour of duty can be extended for up to thirteen hours for certain isolated days.

2 Where special circumstances exist, to be prescribed by order, the tour of duty may be extended to a maximum of fifteen hours. However, it cannot exceed twelve hours on average in a group of three consecutive working days.

3 When compelling reasons, such as the case of force majeure or interference with the operation, require more than ten minutes to exceed the maximum duration of the tour of duty fixed in para. 2, the compensation must take place within the following three working days.

Art. 7 Pauses

1 Towards the middle of the working time, a break to take a meal must be granted. As a general rule, it must be at least one hour and, as long as the service permits, the worker must be able to take it to his or her home.

2 Three breaks are allowed in the same tour; where there are special circumstances, to be prescribed by prescription, this number can be increased to four. A pause must last at least thirty minutes.

3 Breaks granted outside the place of duty shall count as working time at least 30 per cent of their duration. Those granted at the place of duty shall count as working time at least 20 % when more than two breaks are provided for in the same tour of duty. 1

4 After hearing workers or their representatives, a break may be waived if the tour of duty does not exceed nine hours and if the worker is given the opportunity to take a snack; Interruption of work of twenty minutes, to be considered as working time.


1 New content according to the c. I of the LF of 19 Dec. 1986, in force since 1 Er June 1987 (RO 1987 735; FF 1986 II 565).

Art. 8 Rest Tower

1 The rest tower is the interval between two service towers. It must be at least 12 hours on average in a group of twenty-eight days. The rest of the rest can be reduced to eleven hours on certain isolated days.

2 Where special circumstances exist, to be prescribed by order, the duration of the rest period may be reduced to nine hours. However, it must be at least 12 hours on average in a group of three consecutive working days.

3 Where the service permits, the rest of the rest must be able to be taken to the place of residence.

Art. Night work

1 The occupation between midnight and 4 hours is considered night work.

2 ... 1

3 The worker may not be required to work for night work more than seven consecutive days or for more than fourteen days in a period of twenty-eight days.

4 The requirements of para. 3 does not apply to workers engaged exclusively in night work.

5 Where operational requirements require construction to be carried out during the night only, it may exceptionally be derogated from the provisions set out in para. 3.


1 Repealed by c. I of the PMQ of 19 March 1993, with effect from 1 Er Jan 1994 (RO) 1993 2916; FF 1991 III 1281).

Art. 10 Day of rest

1 The worker is entitled to 62 days of paid rest per calendar year. They must be allocated wisely throughout the year. Twenty of them, at least, must coincide with a Sunday. New Year, Ascension, Christmas and five or more cantonal holidays are treated as Sundays. 1

2 For certain categories of workers in the secondary railways, televisions and navigation or motor vehicles, the number of Sundays may, by order, be reduced to twelve.

3 The day of rest is twenty-four consecutive hours and must be available at home.

4 The day of rest shall be preceded by a rest stop which shall be at least twelve hours on average in a group of forty-two days; the rest stop shall not be less than nine hours. Where two or more consecutive days of rest are granted, this provision shall apply only to the first of those days.

5 The order provides for the allocation on days of rest of absence due to illness, accident, military service or service in civil protection, leave or other reasons.


1 New content according to the c. I of the PMQ of 20 March 1981, in force since 1 Er Jan 1981 (RO) 1981 1120; FF 1980 III 413).

Art. 11 Vehicle Conductor

1 The driver service of a motor vehicle, a trolley bus or a tram driver will be set by order.

2 Drivers of motor vehicles who provide additional transport in addition to those under a concession may be subject to specific provisions contained in an order under the Federal Law on the duration of the Work and rest of professional drivers of motor vehicles. 1


1 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 5628; FF 2005 2269 , 2007 2517).

Art. 12 Service and service breakdown tables

1 The undertakings shall determine the distribution of working days, rest days and holidays in accordance with a model laid down by order.

2 Workers or their representatives must be heard before the final establishment of service tables and distribution of services.

2. Administrative Services Workers

Art. 13 Administrative Services Workers

The requirements of the federal labour legislation in industry, crafts and trade relating to the duration of work and rest shall apply mutatis mutandis to workers in administrative services, art. 2, para. 4, however, this Act is reserved. The order will resolve the detail issues.

III. Vacation

Art. 14 Vacation

1 The worker is entitled, each calendar year, to at least four weeks of paid vacation. The order sets the age at which the worker is entitled to five or six weeks paid vacation. 1

2 For operational service workers, each seven-day vacation period includes a paid day of rest.

3 When public holidays fall within a holiday period, compensation is granted after the fact to the administrative service workers in the form of vacation days.

4 The order provides for the posting of absences due to illness, accident, military service, civil service or service in civil protection, leave or other reasons. 2


1 New content according to the c. I of the PMQ of 20 March 1981, in force since 1 Er Jan 1981 (RO) 1981 1120; FF 1980 III 413).
2 New content according to the c. 10 of the annex to the LF of 6 Oct. 1995 on civil service, in force since 1 Er Oct. 1996 (RO 1996 1445; FF 1994 III 1597).

IV. Hygiene and accident prevention

Art. 15 Hygiene, accident prevention and occupational diseases

1 The application and enforcement of federal hygiene and accident and occupational disease prevention requirements will be regulated by prescription.

2 Special provisions derogating from or supplementing those requirements may be made by order if the special conditions of undertakings are to be taken into account.

Special protection 4

Art. 16 1 Young Workers

Young workers are subject to the special protection provisions laid down in the Labour Act of 13 March 1964 2 .


1 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 5628; FF 2005 2269 , 2007 2517).
2 RS 822.11

Art. 17 1 Other employee groups

1 The protection of health, employment, replacement work and payment of wages in the case of maternity are governed by the provisions of the Labour Act of 13 March 1964 2 .

2 The Federal Council may prohibit the work of pregnant women or, for health reasons, other groups of employees; it may also subject the exercise of these tasks to specific conditions.


1 New content according to the c. II 21 of the L of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 5628; FF 2005 2269 , 2007 2517).
2 RS 822.11

VI. Enforcement of the Act

Art. 18 Monitoring 1

1 Offices of the Federal Department of the Environment, Transport, Energy and Communication 2 And to which the supervision and enforcement of the Act are to be prescribed by order.

2 The supervisory authorities shall rule on the lawmaking of certain undertakings, parts of undertakings or ancillary services and on the application of the law to certain workers. They also act on disputes between undertakings and workers relating to the application of the law, the order and the decisions taken pursuant to those provisions. Companies and workers and their representatives may submit proposals.

3 ... 3


1 New content according to the c. 99 of the Annex to the L of 17 June 2005 on the TAF, in force since 1 Er Jan ( RO 2006 1069 2197; FF 2001 4000 ).
2 New name according to the ACF of Dec. 1997 (unpublished). This mod has been taken into account. Throughout the text.
3 Repealed by c. 99 of the Annex to the L of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 1069 2197; FF 2001 4000 ).

Art. 19 1 Measures to prevent the application of unlawful decisions and provisions

The supervisory authorities shall be required to cancel, modify or prevent the execution of decisions and provisions taken by the organs or services of a company where they are contrary to the law, the order, the instructions, the Concession or international conventions.


1 New content according to the c. I of the PMQ of 19 March 1993, in force since 1 Er Jan 1994 (RO) 1993 2916 2917; FF 1991 III 1281).

Art. Obligation to inform

Enterprises and workers are required to provide the supervisory bodies with the necessary information concerning the enforcement of the law and its ordinance and to make available to them the service and distribution tables Services.

Art. Derogations from legal requirements

1 In special circumstances, exceptions to the requirements of the law may be authorised by order for specified undertakings or classes of undertakings, after consulting firms and workers or their employees. Representatives.

2 In order to take account of extraordinary circumstances, the supervisory authorities, after consulting undertakings and workers or their representatives, may authorise in isolated cases and for a limited period of time derogations from the Law.

3 Before authorising exceptions and derogations, account must be taken of the requirements relating to the safety of traffic and exploitation as well as the requirements for the protection of the worker.

Art. Committee on the Law on the Duration of Work

1 After reviewing the proposals of companies and workers, the Federal Council establishes a Federal Commission of the Law on the duration of the work. It consists of a president and representatives of companies and workers in equal numbers.

2 The Committee on the Law on the Duration of Work shall decide, for the purposes of the federal authorities, on the matters of legislation and enforcement that it raises. She can make suggestions on her own.

Art. Implementing provisions

The Federal Council shall issue:

A.
Enforcement orders in cases expressly provided for by law;
B.
Implementing provisions intended to clarify certain requirements of the law.

VII. Criminal Provisions

Art. 24 Criminal liability

1 Employers may be punishable, or those who act or should have acted for them, who, intentionally or negligently, infringe a requirement of this law or order, or a decision taken by the authorities In accordance with these provisions, on:

A.
Duration of work and rest;
B.
Holidays;
C.
Hygiene and accident prevention;
D. 1
Special protection.

2 A worker who, intentionally or negligently, infrings a requirement of this Act or the order, or a decision taken by the competent authorities under those provisions, shall be punishable on the duration of the Work and rest and on hygiene and accident prevention.

3 The penalty is the fine. 2

4 If the worker commits an offence under this law under the influence of his or her employer or superior, or if they have not done their best to prevent such an offence, they are liable to the same penalty as the worker. The worker's sentence can be mitigated or removed where circumstances warrant.


1 New content according to the c. I of the LF of 19 Dec. 1986, in force since 1 Er June 1987 (RO 1987 735 737; FF 1986 II 565).
2 New content according to Art. 333 of the Penal Code (RS 311.0 ), in the contents of the PMQ of Dec 13. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 25 Criminal prosecution. Reservation on the Penal Code

1 Where the damage caused or the fault of the author is of little importance, the competent authority shall waive the continuation, return it to the court or impose a penalty. 1

2 The special provisions of the Swiss Penal Code 2 Are reserved.

3 The criminal prosecution is the responsibility of the cantons.


1 New content according to the c. I of the PMQ of 19 March 1993, in force since 1 Er Jan 1994 (RO) 1993 2916 2917; FF 1991 III 1281).
2 RS 311.0

VIII. Final and transitional provisions

Art. 26 1

1 Repealed by c. I of the PMQ of 20 March 1981, with effect from 1 Er Jan 1981 (RO) 1981 1120; FF 1980 III 413).

Art. 27 Transitional provisions

1 ... 1

2 The worker's overall annual salary before the entry into force of the Act cannot be reduced as a result of the application of the Act.


1 Repealed by c. I of the PMQ of 20 March 1981, with effect from 1 Er Jan 1981 (RO) 1981 1120; FF 1980 III 413).

Art. 28 Repeal and amendment of legal provisions

1 On the entry into force of this Law, all provisions which are contrary to this Law shall be repealed, in particular:

-
The Federal Act of 6 March 1920 concerning the duration of work in the operation of railways and other transport and communications undertakings 1 ;
-
Art. 66 of the Federal Act of 13 March 1964 on Labour in Industry, Crafts and Commerce 2 .

... 3


1 [RS 8 154; RO 1948 957, 1956 1337, 1966 57 art. 66]
2 RS 822.11
3 The mod. Can be consulted at the RO 1972 612.

Art. Entry into force

The Federal Council shall fix the date of entry into force of this Law.


Date of entry into force: 28 May 1972 5


RO 1972 612


1 Sigle introduced by c. I of the PMQ of 20 March 1981, in force since 1 Er Jan 1981 (RO) 1981 1120; FF 1980 III 413).
2 [RS 1 3; RO 1976 2001)
3 FF 1971 I 455
4 New content according to the c. I of the LF of 19 Dec. 1986, in force since 1 Er June 1987 (RO 1987 735 737; FF 1986 II 565).
5 Ch. 1 of the ACF of January 26, 1972


State 1 Er January 2016