You now start creating the housekeeping duty roster knowing that it is essential to a hotel. Legal regulations must be followed when organizing the duty roster. You know that the Hotel Fontana in Passugg is open all year round, but it is declared as a seasonal hotel. The following sources are available to both the employer and the employee to find out about the legal regulations of labour law in Switzerland: 1 answer is allowed. 0.5 points for correct answer.

Question

BlackTom AI · Accepted Answer

The Law of Obligations (OR), the Swiss Labour Act (ArG) and the sectoral National Collective Labour Agreement (L-GAV) are all relevant and available sources for employer and employee when organising a hotel duty roster.

1) Relevant knowledge points and concepts
- OR (Obligationenrecht): governs the employment contract relationship (contract terms, duties, working hours agreed in contract, notice periods, wages). It sets the legal framework for contractual rights and obligations between employer and employee.  
- ArG (Arbeitsgesetz, Labour Act): sets mandatory rules on working time, maximum hours, rest periods, night and shift work, health and safety – all essential when drawing up rosters to ensure legal compliance.  
- L‑GAV (national sectoral collective labour agreement for hotel/restaurant industry): contains industry‑specific provisions (minimum wages where applicable, overtime rules, allowances, special rules for seasonal businesses) that supplement statutory law and contract terms.

2) Step‑by‑step reasoning
- Start with the employment contract under OR to determine agreed working hours and contractual obligations.  
- Check the ArG to ensure any proposed roster respects statutory limits on daily/weekly working time, rest breaks and night/shift rules.  
- Consult the L‑GAV because hospitality sector collective agreements frequently impose additional or stricter rules (e.g., how seasonal operations are handled, minimum compensation for shift work, overtime calculation).  
- Combine these three sources: the strictest applicable rule governs and must be followed.

3) Calculations
- No numerical calculation required; rather, legal cross‑checking of rules from the three sources.

4) Why the correct answer is correct
- Because all three sources are complementary and authoritative: OR for contract law, ArG for statutory labour protection, and L‑GAV for industry‑specific rules. An employer or employee must consult all of them when creating a roster.

5) Why other options are incorrect
- a, b or c alone omit important complementary rules.  
- d (OR and L‑GAV) omits ArG, which contains mandatory working‑time/health provisions, so it is incomplete.

6) Conclusion
- Therefore the correct choice is e. All above mentioned, which matches the provided answer.

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