1 Jul, 2024 by Marianne Favre Moreillon

The limits of an ancillary activity under Swiss law

1 Jul, 2024 by Marianne Favre Moreillon

For some employees, it is a necessity to pursue an ancillary activity alongside their main job. However, if it violates the employee's duty of care and loyalty, such an activity is not lawful.

An ancillary activity is the practice, independently or on behalf of a third party, of a remunerated activity alongside a main job. The exercise of one or more ancillary activities is not prohibited by law. However, such activities must respect the employee's duty of loyalty, and are subject to numerous limits. 

This article covers the following topics:

  • ancillary activity
  • situation of full-time and part-time employees
  • duty of loyalty
  • ancillary activities during working hours
  • risk to safety and quality of work in the case of multiple activities
  • competing sideline activities
  • ancillary activities during illness
  • compliance with the provisions of the Employment Act in the context of two activities
  • maximum daily working hours and daily rest periods
  • cross-border workers and limits imposed by the Agreement on the Free Movement of Persons (AFMP)
  • company regulations

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