This order specifies the possibility of derogations from the legal requirements relating to the duration of work and rest in the case of special situations according to Art. 27, para. 1, of the law and designates the categories of undertakings or groups of workers to which these derogations apply. It defines the scope of the derogations for each category of undertakings or groups of workers.

¹ The following are considered small craft enterprises (Art. 27, para. 1 ^Bis , of the law) undertakings which occupy, apart from the employer, only four persons, irrespective of their occupancy rate.

² Necesswork (art. 27, para. 1 ^Bis ) is established when:

A.

A business belongs to one of the classes of businesses listed in section 3 of this order; or

B.

The conditions laid down in Art. 28 of Ordinance 1 of 10 May 2000 on the Labour Act ¹ Are completed.

The provisions of this Section shall apply to the categories of undertakings and workers referred to in the provisions of Section 3.

¹ The employer may, without official authorization, occupy workers during all or part of the night.

² The employer may, without official authorization, occupy workers during all or part of the Sunday.

³ The employer may, without official authorization, occupy workers in a continuous work system.

The interval between the working day and the evening shift may, for the worker, be extended to a maximum of 17 hours, including additional breaks and hours, provided that, on average, Calendar week, a daily rest period of at least 12 consecutive hours, and the daily rest between two work orders has a minimum of 8 consecutive hours.

The maximum weekly working time may, for a certain number of weeks, be extended by 4 hours, provided that it is observed on average over three consecutive weeks and that the work week does not exceed five days on average In a calendar year.

¹ Workers may be employed for 11 consecutive days at most:

A.

They have a minimum of three days off immediately after; and

B.

If the five-day week is observed on average during the calendar year.

² Workers may be employed for seven consecutive days:

A.

If the daily duration of work in the day work or evening work does not exceed nine hours;

B.

The maximum weekly working time is observed on average over two weeks; and

C.

If at least 83 consecutive hours of leave are granted immediately after the seventh day: these 83 hours shall include daily rest, compensatory rest for Sunday work and half day of weekly leave.

¹ Additional work under s. 12, para. 1, of the law may be made on Sunday. It is compensated for by a leave of the same duration within fourteen weeks.

² Additional work under s. 12, para. 1, of the law may be made on Sunday. It shall be compensated by a leave of the same duration within twenty-six weeks. ¹

¹ Within the framework of a piquet service, the period between the invitation of the worker and his arrival in the workplace (time limit for intervention) must, in principle, be of a minimum duration of 30 minutes.

² If, for compelling reasons, this period is shorter, the worker is entitled to compensation in time equivalent to 10 % of the inactive part of the picket service. Inactive time refers to the time spent on a picket line outside of work orders and travel times to and from the workplace. The actual duration of the intervention and the journey time count in their entirety as working time and are in addition to the compensation.

³ If, due to the reduced response time, the picket service is to be performed in the enterprise, the entire service counts as working time.

⁴ In the cases referred to in paras. 2 and 3, the worker can provide a maximum of seven days of picket for a period of four weeks.

The length of the daily rest period of an adult worker can be reduced to 9 hours, provided that it is not less than 12 hours on average over two weeks.

¹ Night work may not exceed 9 hours of daily work for an adult worker. It is within a range of 12 hours, including breaks. It guarantees the worker a daily rest period of 12 hours and a weekly rest period of 48 consecutive hours.

² Night work can be done within 12 hours if it is followed by a rest period of at least 12 hours, that a place to lie is available and for the same reason:

A.

That the duration of the work is up to ten hours and that it is largely composed of presence time; or

B.

The actual work is up to eight hours; the full twelve hours will then count as working time. ¹

³ The daily working time, in the case of night work commencing after 4 hours or ending before 1 hour, is within a period of not more than 17 hours. If the daily work commences before 5 hours or ends after 24 hours, the minimum daily rest period is 12 hours on average per calendar week. In this case, the minimum daily rest period between two interventions is 8 hours.

⁴ In the case of night work, the duration of the daily work may be up to 11 hours within a period of 13 hours, provided that it does not exceed 9 hours on average per calendar week.

⁵ Overnight work without alternating day work may extend to a maximum of six nights on seven consecutive nights, provided that the five-day week is averaged over the calendar year.

The period of Sunday, according to art. 18, para. 1, of the law, may be advanced or delayed by up to 3 hours.

¹ The worker benefits from at least 26 Sundays of leave per calendar year. They may be distributed irregularly during the calendar year, provided that a free Sunday at least is guaranteed by calendar quarter.

^1bis The worker shall be granted at least 18 Sundays of leave per calendar year, provided that, at least twelve times in the calendar year, the weekly rest period is at least 59 consecutive hours. These 59 hours include daily rest, Saturday and Sunday complete. Vacation Sundays may be allocated in an irregular manner during the calendar year. ¹

² The worker shall be granted at least 12 Sundays of leave per calendar year. They may be distributed irregularly during the calendar year, provided that the weeks without a Sunday leave involve, immediately following the daily rest period, a weekly rest period of 36 consecutive hours.

³ The number of leave Sundays may be lowered to four, provided that the five-day working week is averaged over the calendar year. They may be distributed irregularly throughout the year.

Compensatory rest for work performed on public holidays may be granted en bloc for a calendar year.

¹ Half-days of weekly leave may be accumulated for a maximum of eight weeks.

² The accumulation of half-days of weekly leave may be carried out for a period of up to twelve weeks in undertakings whose activity is subject to strong seasonal variations.

³ The half-day of weekly leave is 8 hours. Granted in the morning, it ends at 12 o'clock; granted in the afternoon, it starts at 2pm. Its duration may be reduced to 6 consecutive hours, provided that the resulting loss of rest hours is accumulated and compensated in bulk within six months.

¹ Are applicable to clinics and hospitals and to workers in s. 4 for all night and all Sunday, as well as art. 5, 7, para. 2, 8, para. 2, 8 A , 9, 10, para. 2, and 12, para. 2. ¹

² The following are considered clinics and hospitals for sick, injured and convalescent establishments, as well as nurseries and nurseries, followed by a doctor.

¹ The following are applicable to homes and boarding schools and to workers that they affect to the supervision of pensioners s. 4 for all night and all Sunday, as well as art. 7, para. 2, 8, para. 1, 9, 10, para. 2, 12, para. 2 and 14, para. 1. ¹

² Children's homes, education, apprenticeship, training and work homes, nursing homes, nursing homes, safe homes, shelters and asiles are considered to be homes and boarding houses.

¹ Is applicable to home care businesses and workers that they affect in the care and care of the art. 4 for all night and all Sunday.

² Companies whose activities consist of carrying out extra-hospital tasks for persons in need of care and medical care are deemed to be home care companies.

Applicable to medical, dental and veterinary practices and to workers employed in s. 4 for the whole night and on Sunday, if it is to ensure the permanence of the emergency service.

Applicable to pharmacies and workers affected by the preparation and sale of drugs s. 4 for the whole night and on Sunday, if it is to ensure the permanence of the emergency service.

Are applicable to medical laboratories and to workers that they occupy s. 4 for all night and all Sunday, as well as art. 5, 8, para. 2, 9, 10, para. 2, let. A, and 12, para. 2.

¹ The following apply to funeral directors and workers employed in art. 4 for all night and all Sunday, as well as art. 8, para. 1, provided that night or Sunday work is essential for dealing with situations without delay. ¹

² Companies whose activity consists of dealing with the formalities and operations required in the event of death are deemed to be funeral directors.

¹ Is applicable to animal clinics and workers that they affect the care and care of animals s. 4 for all night and all Sunday.

² Veterinary or related establishments engaged in the medical care of sick, injured or caring animals shall be deemed to be animal clinics.

The following are applicable to gardens and zoos, as well as to animal sanctuaries and workers that they affect on the monitoring of animals and their care, as well as to the maintenance of the facilities and the service to the caisses, the art. 4, para. 1, for all night for monitoring activities and para. 2 for all Sunday, as well as art. 8, para. 1, and 12, para. 2.

¹ The following are applicable to hotels, restaurants and cafés and to the workers they assign to customer service s. 4 for all night and all Sunday, as well as art. 8, para. 1, 11, 12, para. 3, 13 and 14, para. 2 and 3. ¹

² Is applicable to workers carrying out educational or management tasks in accordance with Art. 36 of the Act, s. 12, para. 2, instead of s. 12, para. 3.

³ The business is considered to be hotels, restaurants and cafes whose business is to house persons for remuneration or to serve on the premises of food or drink. The companies delivering ready-to-eat meals are treated as restaurants and cafés. ²

¹ The following are applicable to playhouses and to the workers they occupy s. 4 for all night and all Sunday, as well as art. 12, para. 2, 13 and 14, para. 2 and 3. ¹

² Companies that hold a federal franchise under the Act of 18 December 1998 on gambling houses are deemed to be gambling houses. ² .

¹ During the tourist season, are applicable to businesses located in tourist regions and meet the specific needs of tourists, as well as to the workers they assign to customer service, art. 4, para. 2, for all Sunday, as well as art. 8, para. 1, 12, para. 1, and 14, para. 1. ²

² Enterprises located in tourist regions shall be deemed to be enterprises located in stations proposing cures, sports, excursions or rest periods, for which tourism plays an essential role, while being subject to large variations Seasonal. ³

³ Throughout the year, are applicable to shopping malls meeting the needs of international tourism art. 4, para. 2, for all Sunday, as well as art. 12, para. 1. ⁴

⁴ The Federal Department of Economics, Training and Research (DEFR) determines, at the request of the cantons, the commercial centres under para. 3. The following criteria must be met:

A.

The supply of goods from the shopping centre focuses on international tourism and mainly comprises, in the majority of shops in the shopping centre, luxury goods, in particular in the areas of clothing And footwear, accessories, watches and jewellery as well as perfumes;

B.

The overall turnover of the mall and the turnover of the majority of businesses located in the mall come mainly from sales to the international clientele;

C.

The mall is located at:

1.

In a tourist area within the meaning of para. 2, or

2.

A distance from the Swiss border not exceeding 15 kilometres and in the immediate vicinity of a motorway or railway station;

D.

Workers receive compensation for Sunday's work that goes beyond legal requirements. ⁵

¹ Are applicable to booths located along roadways and public places art. 4, para. 2, for all Sunday, as well as art. 8, para. 1, 12, para. 1, and 14, para. 1. ²

² It applies to booths and service undertakings to travellers, as well as to the workers they assign to the passenger service, art. 4, para. 1, overnight up to 1 hour and al. 2 for all Sunday, as well as art. 8, para. 1, 12, para. 2, and 14, para. 1. ³

^2bis The following are applicable to service station stores which are located on motorways or along major traffic routes which are heavily frequented by travellers and whose goods and services correspond mainly to the The needs of travellers, as well as the workers that these stores occupy, s. 4 for all night and for all Sundays and art. 8, para. 1, 12, para. 2, and 14, para. 1. ⁴

³ The kiosks are considered to be the small points of sale and sales booths whose offer consists mainly of print publications, sweets, tobacco products and souvenirs, as well as snacks to eat on the spot or en route.

⁴ The following are deemed to be sales outlets and services companies located in the perimeter of stations, airports, other major public transport centres and in border towns, including: Goods and services meet primarily the needs of the travelling public. ⁵

¹ Are applicable to service undertakings in stations and airports within the meaning of Art. 27, para. 1 ^Ter , the law and the workers they assign to customer service s. 4, para. 2, for all Sunday, and art. 8, para. 1, 12, para. 2, and 14, para. 1.

² DEFR refers to stations and airports referred to in para. 1. It applies the following criteria: ²

A.

Stations must achieve an annual turnover of at least 20 million francs in passenger traffic or be of great regional importance;

B.

Airports must be served by line traffic.

³ Prior to designation, DEFR ³ Hears:

A.

For stations whose annual turnover in passenger traffic is at least 20 million francs: the railway undertaking;

B.

For stations of major regional importance: the railway undertaking and the canton concerned;

C.

For airports: the airport operator.

¹ The following apply to bakeries, pastries and confectionery, as well as to workers which they affect in the manufacture of bakery items, pastry and confectionery, art. 4 for the whole night for two days a week, for the night from 1 hour the other days, and for all Sunday, as well as art. 10, para. 4 and 5, 11, 12, para. 2, and 13. ¹

² The following are applicable to shops in bakeries, pastries and confectionery and to workers that they affect on the sale of art. 4, para. 2, for all Sunday, as well as art. 12, para. 2, and 13.

³ Bakers, pastries or confectionery are deemed to be engaged in the manufacture of bakery, confectionery or confectionery items, as well as their stores, provided that they are sold in the majority of the Products of their own manufacture.

¹ The following are applicable to meat processing companies and workers affected by the processing of meat, packaging and storage of the meat. 4 for the night from 2 hours for two days a week and from 4 hours the other days, and for Sunday from 5 pm, as well as art. 12, para. 1, 13 and 14, para. 1.

² Companies that are primarily engaged in the production, processing and recovery of meat and the preparation of meat products are deemed to be meat processing companies.

¹ It applies to undertakings in the dairy industry and to workers affected by the collection and treatment of milk. 4 for the night from 2 hours and for all Sunday, provided the night or Sunday work is necessary to prevent any alteration of the milk qualities.

² Companies whose business is to collect milk for storage and treatment are deemed to be companies in the dairy industry.

Is applicable to the retail flower shops and to the workers they occupy the art. 4, para. 2, for all Sunday.

¹ The following are applicable to newspaper or periodical editorial offices and to news or photographic agencies, as well as to the workers they occupy s. 4 for all night and for every Sunday, as well as art. 8, para. 1, 11, 12, para. 1, and 13, provided that night or Sunday work is necessary for the current guarantee. ¹

² Art. 12, para. 2, is applicable, instead of s. 12, para. 1, to workers employed in sports writing.

³ Companies whose activities consist of receiving, processing, transmitting or disseminating information or visual material shall be deemed to be editor of newspapers or periodicals or news agencies.

¹ The following are applicable to postal service providers and workers employed in the processing of postal items, art. 4, for all night and all Sunday, and art. 13. However, on average during the calendar year, postal items corresponding to an offer of postal services covered by the universal service within the meaning of Art. 29 of the order of 29 August 2012 on the post ² Must represent the main portion of the shipments processed at night and Sunday.

² L' al. 1 is not applicable to workers employed at the wickets or who provide information to clients.

³ It is deemed to be a postal service provider which proposes to customers, in a professional capacity, the receipt, collection, sorting, transport and distribution of mail items and who bears the responsibility to the customers without any As well as having to provide all of these services.

¹ The following shall apply to broadcasting undertakings and television undertakings and to workers which they affect in the preparation, production, registration or broadcasting of their broadcasts. 4 for all night and all Sunday, as well as art. 5, 6, 7, para. 1, 8, para. 1, 9, 10, para. 3, 11, 12, para. 1, and 13. ¹

² Art. 6, 7, para. 1, and 8, para. 1, apply only to workers involved in long-term productions without interruption. ²

³ Art. 12, para. 2, is applicable, instead of s. 12, para. 1, to workers assigned to the preparation, production, registration or broadcast of broadcasts concerning sporting events.

⁴ Broadcasting and television undertakings shall be deemed to be undertakings whose activities consist in the preparation, production, recording or broadcasting of radio or television broadcasts.

¹ It is applicable to telecommunications carriers and to workers employed in s. 4 for all night and Sunday, if night or Sunday work is essential for the maintenance of the proposed communications services.

² The undertakings holding a concession, the activity of which is the operation of facilities intended to provide telecommunications services, are deemed to be telecommunications undertakings.

¹ Is applicable to telephone exchanges and to workers employed in s. 4 for all night and on Sunday as well as for continuous work.

² L' al. 1 is not applicable to workers who, in addition to the provision of exclusively telephone services, provide commercial benefits such as telemarketing or the telemarketing of goods or services.

³ Businesses whose business is to provide information or receive and transmit calls or orders from a central office are deemed to be central.

Applis to workers employed in banks, securities trading, financial market infrastructures and their common companies s. 4 for all night and for statutory holidays falling on a working day, provided that work done at night or a statutory holiday is necessary to prevent any interruption in the operation of payment traffic systems, of Trade in international securities and regulations.

¹ Professional theatres and workers are applicable to the artistic creation of art. 4 for the night up to 1 hour and for all on Sunday, as well as art. 11, 12, para. 1 or 2, 13, 14, para. 2, and, for the preparation of the first, s. 7, para. 1.

² The following shall apply to workers assigned to activities necessary for the performance of performances or to the service and assistance to spectators of the art. 4 for the night up to 1 hour and for all on Sunday, as well as art. 10, para. 3, 12, para. 1 or 2, 13, 14, para. 2, and, for the preparation of the first, s. 7, para. 1.

³ The following shall apply to workers assigned to the technical-artistic performance of the representations Art. 4 for the night up to 1 hour and for all on Sunday, as well as art. 5, 9, 12, para. 1 or 2, 13, 14, para. 2, and, for the preparation of the first, s. 7, para. 1. The length of the daily rest period cannot be reduced before or after an extension of the length of the daily work according to Art. 5.

⁴ Is applicable to employees referred to in para. 1, 2 and 3, when occupied during tours or outside performances, s. 4, para. 1, for the night until 3 hours.

⁵ Companies primarily engaged in performing theatre, opera, operetta, ballet and musicals are considered to be professional theaters.

The following are applicable to workers involved in the performance of musical works. 4 for all night and all Sunday, as well as art. 12, para. 2, and 13.

The following are applicable to cinematographic establishments, the activity of which is to project cinematographic films on a professional basis and to the workers they occupy s. 4 for the night up to 2 hours and for all Sundays and art. 12, para. 2.

¹ The following apply to circuses and workers in the field of art. 4 for all night and all Sunday, as well as art. 8, para. 1, 9, 10, para. 3, 12, para. 2, 13 and 14, para. 1. ¹

² The application of art. 4, para. 1, and 10, para. 3, is limited to cases where night work is necessary to assemble and disassemble tents, to care for animals and to carry out movements.

³ Companies whose activity consists, by financial means, of entertaining the public through an artistic programme and moving, usually on an ongoing basis, to present their performances are deemed to be circuses.

¹ The following apply to foraines and to workers in the field of art. 4, para. 2, for all Sunday, as well as art. 12, para. 2, and 13.

² Companies whose activity consists, by finance, of offering at kermesses, markets or similar events, of performances to the public or of making available to them games or others are deemed to be foraines. Entertainment facilities.

¹ The following shall apply to workers assigned to the maintenance of sports facilities and equipment, as well as to customer service, assistance and instruction, art. 4 for all night and all Sunday, as well as art. 8, para. 1, 10, para. 3, 12, para. 2, and 14, para. 1. ¹

² The application of art. 4, para. 1, and 10, para. 3, is limited to cases where night work is required to maintain facilities.

¹ Mechanical lifts and workers are applicable to the operation and technical maintenance of art. 4 for all night and all Sunday, as well as art. 8, para. 1, 12, para. 2, 13 and 14, para. 1. ¹

² The application of s. 4, para. 1, is limited to cases where night work is required to maintain facilities.

³ Companies that do not hold a federal franchise, the business of which is to operate passenger transportation facilities, are deemed to be mechanical lifts.

The following are applicable to campsites and workers who are involved in the operation, maintenance of equipment and the service and assistance of the clientele s. 4, para. 2, for all Sunday, as well as art. 8, para. 1, 9, 12, para. 2, 13 and 14, para. 1.

¹ The following are applicable to the conference and convention companies and to the workers they affect in the service and assistance to visitors, as well as to the maintenance, art. 4 for all night and for all on Sunday, as well as art. 12, para. 1, and 13.

² Are applicable to trade fairs and workers that they affect in the assembly and dismantling, at the booths and in the boxes, as well as in the maintenance, art. 4 for all night and all Sunday, as well as art. 7, para. 1, 12, para. 1, and 13. ¹

³ The application of s. 4, para. 1, is limited to cases in which night work is necessary for the assembly and dismantling of the installations and stands used for the demonstration and for the maintenance.

⁴ Companies whose activities consist of organising events of political, cultural or scientific information are deemed to be companies of conferences and congresses.

⁵ Companies whose activities consist of organising events for exhibitors who present and sell their products are considered to be trade fairs.

¹ The following are applicable to undertakings providing services intended for demonstrations and to the workers they occupy, art. 4 for all night and for all Sundays and art. 7, para. 1, 10, para. 4, 11, 12, para. 1, and 13, provided that night and Sunday work is necessary for the assembly and dismantling of the installations and equipment of demonstrations and their operation and maintenance.

² Art. 7, para. 1, is applicable only to workers engaged in a single long-term event without interruption. It is not possible to benefit from the provisions of Art. 7, para. 1, and art. 10, para. 4 at the same time.

³ Companies that provide services for the organization and the carrying out of events such as tours, festivals, concerts, comedies are deemed to be providing services for events. Musicals, marketing events, assemblies, galas or sporting events.

¹ The following are applicable to museums and exhibition companies and to workers that they assign to the service at the caisse, the sales booths and the cloakroom, the guided tours, the monitoring and technical maintenance, the art. 4, para. 2, for all Sunday, as well as art. 12, para. 2, and 13.

² Companies whose activities consist of organising cultural exhibitions are considered to be museums and exhibition companies.

The following are applicable to workers assigned to tasks of monitoring and guarding the art. 4 for all night, all on Sunday and for continuous work, as well as art. 6, 8, para. 1, 9, 10, para. 4 and 5, 12, para. 2, and 13.

It applies to the companies of the motor vehicle industry and to the workers that they affect on the supply of fuel vehicles, to the repair and towing service and to subsequent repairs to the art. 4 for all night and all Sunday.

¹ The following shall apply to ground personnel in the air navigation sector Art. 4 for all night, for all Sunday and for continuous work, as well as art. 5, 10, para. 3, 12, para. 1 ^Bis , and 13. ¹

² The application of art. 5 and 10, para. 3, is limited to cases where it avoids disruptions to, or remedies to, flight services.

³ Workers who provide benefits to ensure the smooth operation of flight services are considered to be ground personnel in the air navigation sector.

The following shall apply to undertakings for the construction and maintenance of railway installations and to workers which they affect in the maintenance and renovation of railway installations, such as railway installations, Supply of electricity, control devices and safety for railway traffic, s. 4 for all night and for all on Sunday, and art. 12, para. 1, provided that this is necessary for the proper operation of rail services.

It shall apply to undertakings which supply electricity, gas, heat or water and to the workers which they affect to the production and proper operation of the distribution of the art. 4 for all night and on Sunday as well as for continuous work.

It applies to domestic waste and waste water treatment companies and to workers that they affect on the operation and maintenance of the facilities s. 4 for all night and on Sunday as well as for continuous work.

¹ The special provisions relating to the category of undertakings concerned shall apply to workers employed in cleaning companies who are required to intervene, exclusively or principally, in a company subject to this order. As long as:

A.

The company making use of such workers actually makes use of the corresponding special provisions, and that

B.

The intervention, of night or on Sunday, of the workers assigned to the cleaning is necessary for the proper operation of the undertaking using their services.

² Companies whose activity is cleaning and clearing are deemed to be cleaning companies.

¹ The following apply to the processing companies of agricultural products and to the workers they occupy the art. 4 for all night and on Sunday, art. 5, 8, para. 1, 9, 10, para. 1, 11, 12, para. 1, 13 and 14, para. 2, provided that the maintenance of the quality of the products requires their processing without delay. ¹

² The application of art. 5, 8, para. 1, 9, 10, para. 1, and 11 is limited to saving the freshness of products during harvest time exclusively. ²

³ Companies whose activities consist in the preparation, storage, processing, disposal or distribution of plant products such as fruit, vegetables, potatoes, mushrooms, etc. are considered to be the processing companies for agricultural products. Edible or cut flowers.

Order II of 14 January 1966 concerning the enforcement of the Federal Labour Act in Industry, Crafts and Commerce (Special provisions for certain categories of enterprises or workers) ¹ Is repealed.

This order shall enter into force on 1 ^Er August 2000.