Do I have a right to the heat-free period?
Short answer: No!
In contrast to Germany, Swiss labour law does not provide for maximum temperatures. So work must still be done at temperatures above 35 degrees Celsius.
However, the employer is obliged to take all measures to protect the health of the employees that are necessary according to experience, applicable according to the state of the art and appropriate to the conditions of the enterprise (Art. 6 para. 1 ArG). The employer thus has a duty of care towards his employees; a claim to heat-free days or at least a claim to an air-conditioned office cannot be derived from this.
According to Art. 16 ArGV 3, all rooms must be adequately ventilated, either naturally or artificially, in accordance with their intended use. Room temperature, air velocity and relative humidity must be measured and coordinated in such a way as to ensure a room climate that is not detrimental to health and is appropriate to the type of work. In addition, according to Art. 20 ArGV 3, workers must be protected from excessive exposure to sunlight and from excessive heat radiation caused by operating equipment and work processes. In a leaflet from SECO, the requirements for room temperatures are explained in more detail. However, mainly general statements are made and the leaflet does not oblige the employer to adapt the rooms to extreme heat waves. However, there should at least be possibilities to reduce solar radiation.
According to SECO, compensatory measures should be taken in case of heat (especially in summer), but also in case of prolonged drought (especially in winter). In summer, access to drinking water must be available at the workplace and it must be possible to adjust breaks. No other measures are foreseen. Of course, one can ask the employer to relax the dress code, but here it is at the employer's discretion to relax the requirements. If the dress code is based on safety regulations (e.g. safety shoes), these cannot be relaxed. SUVA also does not make any concrete regulations in this regard. However, it does provide the following tips for employees who work outside in the sun:
Wear a T-shirt and sunglasses.
Wear a safety helmet.
Rub all uncovered skin areas repeatedly with sun cream, protect lips with lip protection.
Drink enough fluids.
In hot temperatures, take regular breaks and postpone the start of work until the early hours of the morning.
Wear neck guard and forehead shield
If possible, move the work to the early morning hours and the morning.
Drink a lot and often: at least ½ litre per hour. Not drinking in the heat is life-threatening!
Do not work alone so that colleagues can recognise and react to signs of a heat problem.
Stand in the shadows again and again.
However, there is an exception for pregnant women. According to Art. 8 of the Maternity Protection Ordinance, work for pregnant women is considered dangerous or arduous indoors when the room temperature is below -5°C or above 28°C. Pregnant women can therefore demand heat-free work on the basis of the Labour Code.
Everyone else has to come to terms with the high temperatures.
This article was written by RA Yves Gogniat.
If you have any questions regarding labour law, Arife Asipi will be happy to assist you.