With this heatwave that’s been dragging on for days, it’s time to talk about something that few people are clear about: what exactly is your employer obliged to provide when the office temperature reaches 32 degrees? The answer in Switzerland is different from what many people expect, and quite different from what is the case in Spain.
In Switzerland, there is no temperature threshold above which you have a legal right to stop working or go home. There is no ‘heat leave’ provided for by law. Section 6 of the Labour Act (LTr) requires employers to take all necessary measures to protect workers’ health, but does not specify any particular temperature threshold. The decision as to what measures are reasonable in each workplace is taken by the employer: fans, access to water, adjusting working hours, allowing remote working, or waiving the requirement to wear a tie. Installing air conditioning is not a legal obligation. SECO confirms this unequivocally in its official FAQs.
The most important exception applies to pregnant workers: Article 8 of the Maternity Protection Ordinance entitles them not to work if the temperature at their workplace exceeds 28 degrees. For everyone else, if you feel that your employer is not taking sufficient measures, the first recommended step is to discuss the matter directly with them or with the staff representatives. If that does not work, you can contact the cantonal Labour Inspectorate. SECO publishes tools and action plans for businesses, but this does not mean that employers are obliged to follow them to the letter.
In Spain, collective agreements and the protocol for dealing with extreme heat are considerably more specific, particularly for outdoor work. In Switzerland, the approach is different: the principle of protection exists, but its practical application is largely left to the employer’s discretion. The theory is flawless until you arrive at the office when it’s 34 degrees and are told they are ‘assessing solutions’.