The Labour Act (EmpA) and the Swiss Code of Obligations (CO) set clear limits on working hours in Switzerland. It is important to understand the difference between overtime and excess hours.
Overtime refers to working hours that exceed the hours agreed in the contract. Excess hours are when the maximum working hours stipulated by law are also exceeded. This differentiation provides clarity when dealing with working hours and contributes to fair, legally compliant solutions.
How is overtime regulated in Switzerland?
What is overtime?
Overtime is calculated based on the weekly working hours specified in the employment contract. Overtime refers to hours worked in excess of these contractual working hours, but within the statutory maximum working hours. These are:
45 hours per week in industry, the service sector, the technical sector, and large retail companies
50 hours in all other sectors
According to the Swiss Code of Obligations, all overtime must either be remunerated or compensated with time off.
When is overtime permitted?
Overtime may only be worked under certain conditions. Employees may work overtime:
at the request of their employer
on a voluntary basis
It must be objectively justified and necessary, for example in the event of an exceptional workload or urgent work. If overtime is necessary to secure the workplace, employees are generally obliged to work it as part of their duty of loyalty.
However, overtime may only be required if it is reasonable. This means that it must not:
cause physical or mental overload,
impair performance,
violate legally prescribed breaks,
or cause unreasonable restrictions on family obligations.
Employees who work overtime voluntarily should obtain approval in advance. This ensures their entitlement to compensation or time off in lieu.
How is overtime compensated?
Overtime that is not compensated by time off in lieu must be compensated at the normal wage plus a supplement of at least 25 percent in accordance with Article 321c of the Swiss Code of Obligations (CO). A different arrangement is possible if it is specified in the contract.
1. Remuneration with supplement
In Switzerland, overtime is remunerated with a supplement of 25 percent, provided it is not compensated with time off.
Example:
Ms. Dupont works 45 hours per week at an hourly wage of CHF 35. She has accumulated 20 hours of overtime.
The calculation is: 20 hours × CHF 35 = CHF 700
With the 25 percent premium, this amounts to: CHF 700 × 1.25 = CHF 875
💡 Special case: For cross-border commuters, overtime may be tax-deductible—provided it is correctly recorded and meets the legal requirements.
The tax exemption applies to up to 368 hours per year (for full-time employment) and a maximum of EUR 7,500.
2. Compensation through time off
Overtime can also be compensated with time off if this is stipulated in the employment contract or agreed with the employee. Compensation must be of equal value and take place within a reasonable period of time.
💡 Good to know: Collective labor agreements, company regulations, or individual employment contracts may contain their own rules on the remuneration or compensation of overtime—such as additional surcharges, time off in lieu, or a combination of both. These agreements take precedence over the general legal provisions.
How is overtime regulated in Switzerland?
What is overtime?
Overtime refers to work performed in excess of the statutory maximum working hours. It is therefore to be distinguished from excess hours, which relate to the contractually agreed working hours.
Overtime may only be worked in exceptional situations, for example in the event of an extraordinary workload, in emergencies, or if technical or organizational problems jeopardize operations.
How much overtime is permitted in Switzerland?
Article 12 of the EmpA regulates how much overtime is permitted. According to this, the following limits apply:
a maximum of 2 hours per day, except on non-working days or in emergencies
per calendar year:
170 hours for employees with a maximum working time of 45 hours
140 hours for employees with a maximum working time of 50 hours
In exceptional cases, the maximum weekly working time may be exceeded, for example:
in emergencies or in the event of an extraordinary workload,
to carry out inventories or annual financial statements,
to prevent or remedy operational disruptions until other measures take effect.
How is overtime compensated?
Overtime, like extra hours, is compensated with a 25 percent surcharge or can be compensated with equivalent time off. Time off in lieu must be taken within 14 weeks or within the period agreed with the employer (maximum 12 months). Unlike overtime, compensation for overtime work cannot be contractually excluded.
An exception applies to office workers, technicians, and sales staff in large retail businesses: in these cases, entitlement to compensation only arises if more than 60 hours of overtime are worked per year (Art. 13 para. 1 EmpA).
Conclusion
Swiss labour law makes a clear distinction between overtime and excess hours.
For companies, this means that working hours must be carefully recorded in order to comply with legal requirements and create transparency. Modern time tracking tools make it easier to record working hours, provide accurate evaluations, and ensure legally compliant, fair working time regulations.
