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Winter Service on Sundays: What Art. 51b ArGV 2 Actually Allows

Since 1 April 2022, salt spreading and snow clearance have been permitted without official authorisation on Sundays, public holidays, and at night under Art. 51b ArGV 2. However, the exemption explicitly applies only to the specific activity: if the same crew also carries out hedge trimming on the same Sunday, that part of the work remains subject to authorisation under Art. 19 para. 3 ArG.

Provision
Art. 51b ArGV 2
In force since
01.04.2022
Exempted activities
Salt spreading, snow clearance
Night-work surcharge (permanent/regular)
10% time surcharge (Art. 17b ArG)
Night-work surcharge (temporary)
25% wage surcharge (Art. 17b ArG)

What the exemption specifically covers

Art. 4 ArGV 2 applies to "the whole night and the whole Sunday" for certain activities. For winter-service businesses, Art. 51b ArGV 2 has, since 2022, made clear that salt spreading and snow clearance may be carried out without a separate official authorisation — a significant simplification compared with the legal position before.

The boundary: tied to the activity, not to the person

The SECO guidance makes clear that the exemption applies to the specific activity. If a crew, on the same Sunday, carries out a regular landscaping job — such as hedge trimming — in addition to winter service, exactly that part of the work remains subject to authorisation under Art. 19 para. 3 ArG, even though the same person and the same day are involved.

What remains mandatory despite the exemption

The exemption from the authorisation requirement does not lift other Labour Act requirements: Art. 19 para. 5 ArG still requires the consent of the person concerned, Art. 20 para. 1 ArG requires one free Sunday every two weeks, and Art. 20 para. 2 ArG requires a compensatory rest day of at least 24 consecutive hours if Sunday work exceeds 5 hours. For night work, Art. 17b ArG applies: a 10% time surcharge for permanent or regular night work, and a 25% wage surcharge for temporary night work.

For your business

Correct time recording must log the activity, not just the time — only then can it be shown afterwards which part of a Sunday assignment fell under the exemption and which did not.

For the commissioning authority

Liability for winter-related falls (cf. BGer 4A_114/2014) also makes correct, labour-law-compliant documentation of assignments relevant for the commissioning authority.

What this does not mean

  • This page does not replace labour-law advice for an individual case — in particular, the distinction between "winter service" and "other activity on the same day" can raise borderline cases.
  • Cantonal public holidays (Art. 20a ArG allows up to 8 additional holidays per canton treated equivalently to Sundays) are not listed individually here.
  • Standby duty (on-call service) outside the business does not count as working time under ArGV 1 Art. 15 — that is a separate topic from actual working time on assignment.

Frequently asked questions

Does a winter-service assignment on Sunday require authorisation?
For pure salt spreading and snow clearance, no, since 1.4.2022 (Art. 51b ArGV 2). For other activities by the same crew on the same day, an authorisation requirement can still apply.
Do I have to pay a surcharge for night work in winter service?
Yes, under Art. 17b ArG: a 10% time surcharge for permanent/regular night work, a 25% wage surcharge for temporary night work.

Sources