- Law Office Zurich
- Labour Law and Unemployment Insurance Law
Do you need help with overtime compensation or salary payments under Swiss employment law?
Working time is not always easy to define. Often the weekly working hours are set out in the employment contract or in an employee handbook. However, Swiss mandatory law, such as the "Arbeitsgesetz", applies, and there are mandatory maximum weekly working hours that must be observed.
Particularly in the case of irregular employment, the extent of the working hours must be carefully analysed, as the result may have an impact on the salary owed. Flexible working time programmes need to be carefully designed.
Overtime depends on the individual employment relationship, i.e. the individual employment contract and the applicable laws. Working time in excess of the individual contractually agreed working time, and in particular working time in excess of 45 hours per week, often constitutes overtime if there was a need for overtime and the employer ordered it, both of which must be proven by the employee.
Employers and employees often disagree as to whether overtime is compensable.
There is often a right to compensation for overtime, plus a 25% premium, if overtime has not been compensated by time off in lieu or has been validly excluded by agreement.
Under certain circumstances, and up to the maximum weekly working hours of Swiss mandatory law such as the "Arbeitsgesetz", overtime pay can be excluded in writing in the employment contract. However, such agreements, as well as garden leave agreements, should be examined very carefully. There are often illegal provisions.