I’m currently employed in Switzerland, and my employer wants to move me onto a Kader contract with a waiver of working time recording. I’ve been reading Art. 73a ArGV 1 and the related commentary. My understanding is that the conditions are cumulative, and that one of the required conditions is an annual gross salary of at least CHF 120,000. My current annual gross salary is CHF 108,000. My employer is telling me two things: because the company is not under a collective employment agreement (CCT/GAV), the CHF 120k threshold would not apply, and because I would allegedly have strong decision-making power / significant influence, that would be enough for the waiver of time recording to apply even below CHF 120k. My understanding is different: I thought the CHF 120k threshold is a sine qua non condition, and that having strong decision-making authority does not replace that requirement. So my question is: Do you understand Art. 73a the same way I do, meaning that the conditions are cumulative and that a waiver of working time recording would not be lawful below CHF 120k? Or is my employer right that the salary threshold does not apply in the absence of a CCT/GAV? I’m also planning to ask SECO directly, but I’d be interested to hear how others interpret this or whether anyone has dealt with a similar situation. Thanks for your advises and feedback submitted by /u/anonymous17402
Originally posted by u/anonymous17402 on r/Switzerland