This text summarises common practice and does not replace legal advice. The L-GAV (Landes-Gesamtarbeitsvertrag des Gastgewerbes, the national collective labour agreement for the hospitality industry), the ArG (Arbeitsgesetz, Swiss Labour Act), the related ordinances and the individual employment contract are authoritative. If in doubt: ask your fiduciary or GastroSuisse.
Mandatory breaks by shift length
Breaks count as unpaid time — even short rest breaks. After more than 4 hours of work without a break, an interruption is mandatory (L-GAV Art. 17).
11 hours of rest between two shifts
Anyone who finishes work at 23:00 may start again at 10:00 at the earliest. These 11h protect against overtiredness and are mandatory — they can only be reduced to 8h in exceptional cases (max. 1×/week), and then with compensation.
Maximum 50 hours per week
The maximum weekly working time is 50h. An employee with 42 hours per week can therefore work up to 8h of overtime per week — without anything extra having to be paid, as long as they stay under the cap.
Maximum 6 consecutive working days
After 6 consecutive working days at the latest, a full rest day (24h) must follow. This also applies across the end of the week.
2 rest days per week (on average)
Monthly-paid employees are entitled to 2 rest days per week. At least one of them must be a full 24h rest day. The second can also be split into 2 half-days.
Vacation already includes the rest days: a week of vacation is recorded as 7 calendar days (Mon–Sun), and no additional rest-day entitlement arises for these days. So after taking vacation, no rest-day credit remains «open». Likewise, the month's target hours are reduced by the vacation days (GastroSuisse formula: (calendar days − absence days) ÷ 7 × weekly hours).
In busy weeks, rest days can be postponed — but they must be made up within 4 weeks.
Overtime: 100% or 125%?
Overtime worked is compensated at the normal rate (100%) — either as time off or as pay — if you meet the following conditions:
- You communicate the balance of hours monthly to your employees.
- You have the working time signed off monthly (countersignature).
- Both are documented.
If one of the conditions is missing, the 125% rate applies — i.e. a 25% supplement on all overtime. With many employees, that is a considerable amount.
200-hour cap on overtime
An employee can accumulate a maximum of 200 hours of overtime. Once the balance reaches this limit, the hours above it must be paid out — they cannot be accumulated any further.
14 days' notice for the weekly plan
The shift plan should be published at least 14 days before the start of the week. Short-notice changes are OK in exceptional cases but must not become the rule.
Hard vs. soft — what Gastrora does when
Gastrora distinguishes between two levels:
11h-Ruhezeit, >50h Woche, >6 days in a row, mandatory breaks, vacation conflict. You cannot publish until they are fixed.
14 days' notice, 2 rest days/week, approaching the 180h cap. You can still publish, but the warning is saved.