Facts
The BP service stations in Wollishofen, Wiedikon and at the Airport operate petrol stations with bistros and shops that are open 24 hours a day, where in addition to fuels, retail items such as snacks, confectionery, beverages and non-food products are also sold. The State Secretariat for Economic Affairs (SECO) rejected the applications of the complainants to be allowed to employ personnel between 01:00 and 05:00 hours for the operation of the petrol station shops.
Considerations
The Federal Supreme Court confirmed SECO's decision. The Employment Act generally prohibits night work in order to take into account the health impairments and burdens on employees. Exceptions are only permitted if the night work is "indispensable" and in the overriding public interest. The offering in the petrol station shops of the complainants does not meet these requirements, as the desire for retail products outside of night-time hours can be satisfied and it is not an offering that meets a need in the overriding public interest during the night.
The Federal Supreme Court states that deviations from the prohibition of night and Sunday work should be the exception in…