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Guide · Art. 21 L-GAV

Working time records under Art. 21 L-GAV: what hospitality businesses in Switzerland must record

Every hospitality business covered by the L-GAV (the national collective labour agreement for the Swiss hospitality industry) must record the hours actually worked. The record must be signed at least once a month — by the employee if the business keeps the record, and vice versa. In addition, the business must be able to inform employees about their working and rest times at any time, including their vacation and public holiday entitlement. If there are no proper working time records, the employee's own record serves as evidence in the event of a dispute (Art. 21 L-GAV).

Content reviewed by a Swiss certified fiduciary expert (eidg. dipl. Treuhandexperte) who advises hospitality businesses on payroll and L-GAV matters.

What Art. 21 L-GAV requires in detail

Ziff. 1 — Work schedule

The business draws up the work schedule in writing in advance. Year-round businesses prepare it two weeks in advance for the following two weeks, seasonal businesses one week in advance for the following week. Employees' wishes should be taken into account where possible; the business decides on the final schedule.

Ziff. 2 — Recording working time

The business is responsible for recording working time. The record must be signed at least once a month: by the employee if the business keeps the record, and by the business if the employee records their own time.

Ziff. 3 — Working time records

The working time records are a register of actual working and rest times. Employees can request information at any time — including their vacation and public holiday entitlement.

Ziff. 4 — Burden of proof

If the business does not keep working time records, the employee's own record serves as evidence in the event of a dispute. In practice, the burden of proof then lies with the business.

The work schedule and the working time records are two different documents

The work schedule is drawn up in advance and sets out the planned times (target). The working time records show what was actually worked (actual). The two documents serve different purposes and must not be treated as the same thing.

The most common mistake in practice: using the work schedule as the time record. This is not permitted — the schedule only shows the intention, not the hours actually worked. In a dispute or an inspection, you then have no valid proof (Art. 21 Ziff. 2+3 L-GAV).

What it costs if working time is not recorded correctly

Under Art. 15 L-GAV, overtime may only be paid at 100% of the gross wage if three conditions are met cumulatively:

  1. The business records working time in accordance with Art. 21 L-GAV.
  2. The employee receives a written statement of their overtime balance every month.
  3. The payout is made by the end of the month.

If even one condition is not met, 125% is owed.

Worked example

  • Business with 8 employees, each working 10 hours of overtime per month
  • Hourly wage CHF 25 → 80 hours × CHF 25
  • At 100%: CHF 2’000 · at 125%: CHF 2’500

Difference: CHF 500 per month — CHF 6’000 per year, purely because of missing documentation.

If the overtime balance exceeds 200 hours, the excess must be paid out with the following month's wage.

Breaks and meal times

Under Art. 15 L-GAV, meal time does not count as working time and is at least half an hour per meal. If the employee has to remain available at the workplace during meal time, it counts as working time.

This is distinct from the statutory breaks under Art. 15 of the Swiss Labour Act (ArG). They depend on the daily working time:

  • more than 5½ hours: at least a 15-minute break
  • more than 7 hours: at least a 30-minute break
  • more than 9 hours: at least a 60-minute break

As a rule, the break should be taken around the middle of the working time. Breaks count as working time if the employee is not allowed to leave the workplace.

Weekly working hours

The maximum weekly working hours under the L-GAV depend on the type of business (each as an average, including on-call time at the workplace):

Type of businessWeekly working hours
Standard business42 hours
Seasonal business43.5 hours
Small business (max. 4 full-time positions or 6 employees at 400%)45 hours

Note: from a monthly wage of CHF 6’750 (excluding the 13th monthly salary), overtime compensation can be freely agreed in writing.

What the inspection body checks

The L-GAV's joint inspection body (paritätische Kontrollstelle) checks whether the business records and documents working time correctly. It typically requests:

  • Work schedules (drawn up in advance)
  • Working time records with monthly signature
  • Overtime, vacation and public holiday balances
  • Payslips

Retention periods: working time records for at least five years (Art. 46 ArG), payroll records for ten years (Art. 958f OR). If the records are missing, the business faces back payments (125% instead of 100%), contractual penalties and, in a dispute, the burden of proof.

Frequently asked questions

How far in advance must the work schedule be available?

Year-round businesses draw up the work schedule two weeks in advance for the following two weeks, seasonal businesses one week in advance for the following week (Art. 21 Ziff. 1 L-GAV). Employees' wishes should be taken into account where possible; the business decides on the final schedule.

Does the work schedule count as a time record?

No. The work schedule sets out the planned times (target), the working time records the hours actually worked (actual). Using the work schedule as the time record is not permitted and is the most common mistake in practice (Art. 21 Ziff. 2+3 L-GAV).

What does it cost if I don't record working time?

Without correct records under Art. 21 and without a monthly balance statement, overtime must be paid at 125% instead of 100% of the gross wage (Art. 15 L-GAV). With eight employees each working ten hours of overtime per month at an hourly wage of CHF 25, that comes to around CHF 500 in extra costs per month, or CHF 6’000 per year — purely because of missing documentation.

How long do I have to keep the records?

Working time records must be kept for at least five years (Art. 46 ArG), payroll records for ten years (Art. 958f OR). The records must be made available to the enforcement and inspection authorities on request.

Does meal time count as working time?

As a rule, no: meal time is at least half an hour per meal and does not count as working time (Art. 15 L-GAV). If the employee has to remain available at the workplace during meal time, it counts as working time.

How many hours can you work in a row without a break?

The Swiss Labour Act sets breaks according to daily working time: for more than 5½ hours at least 15 minutes, for more than 7 hours at least 30 minutes, for more than 9 hours at least 60 minutes (Art. 15 ArG). As a rule, the break should be taken around the middle of the working time.

Does Gastrora's time tracking meet Art. 21 Ziff. 2+3 L-GAV?

Yes. Working time is recorded via WhatsApp, via a QR code at the business or by direct entry — start, end and breaks as they happen. Gastrora presents the monthly report for review and documents the sign-off with a timestamp, exactly as required by the GastroSuisse legal service fact sheet. The report uses the GastroSuisse «Arbeitszeitkontrolle» form, in each employee's language (DE, FR, IT or EN; the English version states that the German version is authoritative).

How does the monthly sign-off work?

After the monthly close, the manager reviews the report and sends the employee a personal WhatsApp link. Tapping “Correct — sign now” sets the legally valid timestamp. If the employee raises an objection, the business receives a request for clarification.

What happens if the employee doesn't send anything?

Gastrora sends an automatic reminder. If there is no response by the deadline, the day is booked as a rest day by default and the planned shift is marked as completed without a time entry; depending on your setting, the planned hours can be booked as working time instead. If the employee objects, the person in charge corrects the entry manually.

How long is the data kept in Gastrora?

Five years in accordance with Art. 46 ArG. You can export it as PDF or CSV at any time.

As of: September 2026. This overview is for information only and does not replace legal advice; the L-GAV, the Swiss Labour Act (ArG) and the individual employment contract are authoritative. No liability is accepted for the information provided.

How Gastrora handles it

Gastrora builds the duties under Art. 21 L-GAV directly into your workflow — without Excel or paper:

  • Recording via WhatsApp, QR code or direct entry — employees record their time via WhatsApp (“Start” / “End”), via a QR code at the business or by manual entry; this meets the requirement for continuous time recording under Ziff. 2.
  • Digital sign-off via a WhatsApp link — meets the monthly signature requirement under Ziff. 2.
  • Monthly report with working and rest times plus vacation and public holiday entitlement — meets the duty to inform and keep records under Ziff. 3.
  • Automatic overtime balance with monthly statement — the prerequisite for paying overtime at 100% under Art. 15 L-GAV.
  • Tamper-proof archiving for 5 years — meets Art. 46 ArG.

Working time records that meet Art. 21 L-GAV

Recording, sign-off and archiving run automatically — compliant and verifiable.

Try it free for 30 daysOr take a look at the overtime calculator first →