Ordinance on the Federal Act of 13 March 1964 on Labor in Industry, Crafts and Commerce (Labor Act) - In the Canton: Labor Inspectorate
Table of Provisions (11)
Statutory Text (11 Provisions)
1. Cantonal Authority within the Meaning of the Employment Act
The cantonal authority within the meaning of the Employment Act is the cantonal labor inspectorate. It is responsible for all tasks that are not expressly assigned to another body, under the supervision of the Department of Construction and Economic Affairs.
2. Participation in Implementation
Other cantonal and municipal instances, such as the authorities of construction, fire, and health police, may be involved in the implementation.
1. Municipalities are required to collaborate in the execution of the federal and cantonal regulations in accordance with the provisions of this ordinance.
2. Municipalities shall designate a municipal office responsible for the execution of the tasks assigned to them and shall notify the cantonal labor inspectorate of such designation.
3. The cantonal labor inspectorate shall issue the necessary directives to the municipal offices.
**1. The municipalities continuously identify industrial enterprises subject to the Labor Law and maintain a register thereof. They communicate their observations to the cantonal labor inspectorate.**
**2. The cantonal labor inspectorate maintains a register of the industrial enterprises within the canton that are subject to the Labor Law. It shares its entries with the competent municipal authority.**
1. The owners of industrial establishments subject to the Labor Law are required to notify the competent municipal authority of the opening, relocation, and closure of their establishments, as well as any significant changes to the type of operation or organization of work.
1. Municipalities are required to carry out the inspections necessary for the implementation of statutory provisions. They must report annually on their inspection activities to the Cantonal Labor Inspectorate.
2. The Cantonal Labor Inspectorate is authorized to conduct additional inspections and spot checks.
3. Business owners are obliged to grant the inspection authorities access to their premises and provide them with the necessary information.
1. The owners of industrial enterprises are required to submit the work schedules to be posted in the enterprise on a standardized form to the municipal authority.
2. The municipal authority must review the submitted work schedules for compliance with legal regulations.
3. Any cases of doubt must be submitted to the cantonal labor inspectorate.
1. The following holidays are equated with Sundays (Art. 18 Sec. 2 Labor Law)
New Year's Day, Good Friday, Easter Monday, Ascension Day, Whit Monday, both Christmas Days. (The second Christmas Day is not observed if the 1st Christmas Day falls on a Monday or Friday.)
1. Orders for the Closure of Businesses (Article 52 Paragraph 2 of the Labor Law) are issued by the Department of Construction and Economic Affairs upon the request of the Cantonal Labor Inspectorate.
1. Appeals against orders of the cantonal labor inspectorate may be filed with the Department of Construction and Economic Affairs, and appeals against orders of the Department of Construction and Economic Affairs may be filed with the Government Council within a period of 30 days.
2. Appeal decisions of the Department of Construction and Economic Affairs and the Government Council can be challenged by lodging a complaint with the High Court.
3. The administrative appeal to the Federal Court or the administrative complaint to the Federal Council are reserved (Art. 57 Labor Act).
1. Fees for permits and approvals according to the federal law are charged in accordance with a regulation issued by the government council.
2. Supplements and amendments to plan approvals and operating permits are exempt from fees.
1. This ordinance becomes legally binding with the enactment of the Federal Labour Law of March 13, 1964.
2. Upon the entry into force of the Labour Law, the following cantonal decrees are repealed
1. Implementation Regulation for the Federal Act on Employment in Factories in the Canton of Appenzell A.Rh. of February 7, 1920.
2. Implementation Regulation for the Federal Act on the Employment of Young and Female Persons in Trades in the Canton of Appenzell A.Rh. of April 30, 1928.
3. The Law Concerning the Protection of Female Workers for the Canton of Appenzell A.Rh. of April 26, 1908.
4. The Regulation of February 11, 1935, concerning the implementation of the Federal Act on Weekly Rest of September 26, 1931, and the supporting Implementation Ordinance of the Federal Council of June 11, 1934.
5. Art. 46 and Art. 50 para. 2 of the Law Concerning Trade and Retail Sale of Alcoholic Beverages for the Canton of Appenzell A.Rh. of April 25, 1954.
6. Articles 29-36 of the Regulation Concerning the Award of Works and Supplies for the State (Submission Order).