Heat on construction sites: SSIC calls for an end to penalties (cross-border guide)

Context

IN BRIEF

• The SSIC requests the abolition of penalties for delays in construction sites caused by heat.
• The heatwave is not considered equivalent to bad weather and lacks compensation.
• The Commission of the Council of States considers the parliamentary motion outdated.

KEY FACTS

• What: Petition for fair conditions in construction sites during heatwaves
• When: Parliamentary initiatives between December 2024 and March 2025
• Where: Construction sites throughout Switzerland
• Who: Swiss Society of Contractors (SSIC) and Parliament
• Amount: Contractual penalties of unspecified amount

During weeks characterized by intense heatwaves, the construction sector in Switzerland faces complex challenges related both to worker safety and to meeting project deadlines. The Swiss Society of Contractors (SSIC) has launched a petition aiming to request the introduction of fair and realistic framework conditions for managing work during extreme temperatures, asking that construction companies are not contractually penalized for the unavoidable delays caused by the heat.

The call for protection and clear rules In the petition, the SSIC emphasizes the urgent need to ensure effective protection of the health of construction workers. Contractors request that realistic deadlines are set for the completion of works and that transparent and uniform rules are established in cases where work must be suspended due to high temperatures.

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Operational details

The parliamentary framework and the position of the committees

The issue of protection against risks related to extreme temperatures at construction sites has been a topic of discussion within the federal Parliament as well. A pending motion requests the Federal Council to adopt appropriate measures so that natural influences are obligatorily included in planning and executing construction work. The text provides that, in the presence of extreme heat, construction companies should have the option to temporarily suspend activities to protect employees' health, without facing the threat of contractual penalties.

This motion had received support from the National Council, which approved it in December 2024. The parliamentary branch expressed the intention to establish explicit legislative protection for companies and workers.

The position of the Council of States and the Committee

In March 2025, the Committee for Economics and Taxes of the Council of States announced its opinion on the parliamentary act. While sharing the fundamental objectives related to safeguarding health and ensuring fair working conditions, the Committee pointed out that the situation is already being managed. In line with the position expressed by the federal government, it was clarified that several measures have been initiated within a roundtable involving all relevant social partners in the sector.

Consequently, the Committee recommended that the plenum of the Council of States reject the motion, considering it effectively outdated by ongoing negotiations between employers and workers' representatives. The evolution of the debate highlights how much the issue impacts the labour market and the organization of construction sites in Switzerland.

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Key points

THE IMPLICATIONS FOR COMPANIES AND THE OPERATIONAL STEPS

The dispute over heatwave management at construction sites highlights the need for companies to carefully assess climate risk management when drafting procurement contracts. In the absence of an official legislative change, the issue remains entrusted to direct contractual negotiations between clients and construction firms, as well as to agreements established within negotiations among social partners.

For construction companies and workers, the immediate priority is to adopt internal preventive measures and adjust working hours during the summer months. Currently discussed practices include reorganizing shifts during the cooler parts of the day, setting up adequate shaded areas, providing refreshing drinks, and temporarily halting the most strenuous tasks when temperatures exceed safety thresholds.

HOW TO PLAN SITE MANAGEMENT AND DEADLINES

To avoid contractual penalties, construction companies planning interventions during the summer months can follow some procedural guidelines:

• Pre-verify contractual clauses related to force majeure events or extraordinary weather influences.
• Accurately and promptly document extreme weather conditions detected at the site through official measurements.
• Inform project management and clients promptly about the need to suspend activities for health protection reasons.
• Stay updated on the outcomes of the social partners' roundtable to incorporate new sector directives as soon as they are defined.
• Monitor the economic impact of labor costs on company budgets using the salary calculator tool to assess workforce costs.

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