Federal Council grants start-ups flexibility in working hours

Context

TL;DR

• New special rules adopted on October 28, 2026
• Entry into force set for December 1st, 2026
• Targeted exemptions for certain start-up employees
• The revision implements the objective of initiative 16.442

Key facts

• Decision → Federal Council, meeting of October 28, 2026
• Scope → start-ups and some of their employees
• Ordinance → revision of OLL 2
• Conditions → specific expertise, autonomy, capital and limited projects
• Entry into force → December 1, 2026

On October 28, 2026, in Bern, the Federal Council adopted new special rules for start-ups and some of their employees. The measure aims to ensure greater flexibility in organizing working hours. The press release specifies that the rules were negotiated with the social partners and that they will enter into force on December 1, 2026.

The revision process

The measure takes concrete form in the revision of Ordinance 2 concerning the Labour Act (OLL 2). During the examination of the preliminary draft of parliamentary initiative 16.442, the National Council’s Economic Affairs and Taxation Committee (EATC-N) had asked the Federal Council to implement the latter by means of an ordinance. The revision of OLL 2 achieves this objective.

The press release describes a targeted derogation, not an indiscriminate amendment. The text refers to derogations from the general rules on working hours and rest periods, subject to compliance with various conditions. The workers concerned must be employed by a start-up, have specific expertise, enjoy broad autonomy in their work and benefit from a plan for participation in the company’s capital. The source adds an additional requirement: the work must concern specific projects of limited duration.

The text stems from discussions held with the social partners in round tables and received a positive reception in the public consultation. The amendment will enter into force on December 1, 2026 and will be incorporated into OLL 2, the ordinance that provides special provisions for certain categories of companies and workers.

Operational details

What changes in terms of the rules

The clearest relationship contained in the press release is between the general rule and the exception provided for a defined group. On the one hand, the starting point indicated by the text is the general rules relating to working and rest periods; on the other, the amendment to OLL 2 introduces targeted exemptions for workers who meet the stated requirements. The source does not quantify the hours concerned and does not describe a new standard duration: instead, it documents the principle of flexibility and the conditions for applying it.

Company, worker and project

The comparison can be viewed on three levels, all present in the text:

This breakdown makes clear that being part of a start-up, on its own, does not exhaust the requirements described in the press release. The measure is also linked to the worker's professional characteristics and the temporary nature of the project. In the source's description, this distinguishes the new provision from a general extension of the special rules to all companies or all employees.

For the Swiss labor market, the link stated by the source is direct but limited: start-ups create jobs and, through innovative ideas, contribute to Switzerland's economic development; the revision addresses how working hours are organized for some of their employees. The press release does not provide any additional employment figures for the amendment and does not measure the economic effect of the flexibility.

The text therefore links the stated economic role of start-ups with a targeted change to the rules on working hours, without providing a quantification of the impact. The role of CET-N is also defined precisely: the commission invited the Federal Council to implement the objective of parliamentary initiative 16.442 at the ordinance level. The announced decision therefore concerns the revision of OLL 2 and the organization of working hours.

Key points

Consultation and official documents

The genesis of the provision was accompanied by discussions with the social partners. The press release states that the new provision was developed through roundtable discussions and that the public consultation received it favorably. This element documents the preparatory process, but does not report detailed positions of the participants or attribute statements to individual organizations. The text provided therefore contains no separate quotations or assessments from the social partners.

What is published together with the decision

The news item refers to three documents. The first is Ordinance 2 concerning the Employment Act, which contains special provisions for certain categories of companies and workers. The second is a commentary on the revision of OLL 2, focusing on the rules of Article 32c for workers at young companies who hold stakes in their own company. The third is the report on the results of the consultation procedure concerning the same revision.

The titles refer to the link between the amendment to the ordinance, holdings in the company and the consultation stage; the text of the news item, however, does not summarize their analytical content. To define the scope of the available information, the press release does not indicate how many start-ups or workers may fall under the provision. Nor does it specify the concrete form of the equity participation plan, or define which skills are considered specific or how broad autonomy is assessed.

These elements cannot be supplemented with examples or estimates not present in the source. The operational detail established without ambiguity remains the date of entry into force: December 1, 2026. The press release describes a rule adopted by the Federal Council and published on October 28, 2026, but does not document any other timelines, sector-specific applications or subsequent results. The measure is therefore presented as a targeted amendment to OLL 2, with explicit conditions and no additional figures on its employment impact.

Source: seco.admin.ch