Do you need support regarding overtime compensation or salary payments under Swiss Employment Law?
Get in contact with T. Villiger, specialized Employment Lawyer via Tel. 043 535 00 85 / villiger(at)ad-voca.ch or Internet. We are looking forward to helping you.
Working time is not always easy to define. Often the weekly working time is settled in the employment agreement / work contract or in an employee handbook. However, Swiss mandatory law such as the "Arbeitsgesetz" is applicable, there are weekly mandatory maximum working hours to be adhered to.
In particular with regard to irregular employments, the extent of working time needs to be analysed carefully as the result may have an impact on the salary owed. Flexible time programs need to be drafted thoroughly.
Overtime depends on the individual employment relationsship, i.e. the individual employment agreement as well as the applicable Laws. Working time exceeding the individual contractual working time, and especially exceeding 45 hours a week, often constitutes overtime, if there has been a necessity for overtime and if the employer has ordered it, both to be proved by the employee.
Employers and employees often disagree whether there is overtime to be reimbursed.
Often there is a right to a salary compensation plus 25% extra amount, if overtime has not been compensated by leasure time or validly excluded by agreement.
Under certain circumstances and up to the maximum amount of weekly working time of the Swiss mandatory law such as the "Arbeitsgesetz", the compensation of overtime may be excluded in writing in the employment agreement. However, such agreements as well as garden leave agreements should be looked at very carefully. Often there are illegal provisions.
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Our law office is situated in the center of Zurich city, Switzerland.
