Like almost all aspects of working time, overtime in Switzerland is subject to clear legal regulations. Employers must ensure that they comply with these regulations using appropriate processes and tools.
However, recording and calculating overtime can quickly become complex. What are the legal obligations? How must overtime be compensated?
In this article, you will learn what rules apply in Switzerland and how you can promote fair and efficient handling of overtime in your company.
What counts as overtime in Switzerland?
Overtime refers to all hours worked in excess of the contractually agreed weekly working hours. For overtime to count as such, it must be necessary and approved by the company.
If there is a temporary increase in workload, employers can require employees to work additional hours. According to Article 321c of the Swiss Code of Obligations, these hours must be compensated.
Good to know: Overtime is not the same as excess hours. Overtime refers to hours worked in excess of the maximum working hours specified by law. It is subject to stricter rules.
How is overtime calculated?
Overtime is calculated on the basis of the contractually agreed weekly working hours.
Example:
Nicolas works 40 hours per week according to his contract. In a given week, he works 44 hours. He has therefore worked 4 hours of overtime without exceeding the maximum working hours permitted by law.
How is overtime regulated by law in Switzerland?
The Labour Act (EmpA) defines the maximum weekly working hours:
45 hours in industry, the service sector, the technical sector, and retail
50 hours in all other sectors
The Swiss Code of Obligations (CO) supplements the Labor Act and regulates the handling of overtime. According to the Swiss Code of Obligations (CO), overtime must either be compensated with a 25 percent wage supplement or offset by corresponding time off. If something else is agreed in the employment contract or collective labor agreement (CLA), the provisions set out therein apply. These may, for example, provide for financial compensation, additional time off, or a combination of both.
How do Swiss and EU regulations differ?
The regulations on overtime in the EU are laid down in the Working Time Directive (2003/88/EC). Member states may make national adjustments.
Aspect
Maximum weekly working time
Definition of overtime
Compensation
Rest periods and overtime limits
European Union
48 hours on average
Hours worked in excess of the contractually agreed working time
Depending on national law or collective agreement
- 11 hours’ rest between working days24 hours’ weekly rest period
Switzerland
45 or 50 hours, depending on the industry
Hours worked in excess of the contractually agreed working time but below the statutory maximum working time
25 percent wage supplement or time off in lieu, unless otherwise agreed
- At least 11 hours' rest between two working days
- 35 hours' weekly rest period
- Maximum of 2 hours' overtime per day (exceptions possible)
- Annual limits: 170 hours for a 45-hour week, 140 hours for a 50-hour week
Aspect | European Union | Switzerland |
|---|---|---|
Maximum weekly working time | 48 hours on average | 45 or 50 hours, depending on the industry |
Definition of overtime | Hours worked in excess of the contractually agreed working time | Hours worked in excess of the contractually agreed working time but below the statutory maximum working time |
Compensation | Depending on national law or collective agreement | 25 percent wage supplement or time off in lieu, unless otherwise agreed |
Rest periods and overtime limits |
|
|
How is overtime compensated?
Compensation or compensation for overtime depends on the respective agreement. There are basically three possible forms:
1 - Compensation in the form of time off
Overtime can be compensated by time off. A corresponding agreement must be made in writing. The days off must be granted within a reasonable period of time, not just in the following year. If the hours are not compensated, they must be paid out.
2 - Compensation with a 25 percent wage supplement
The standard legal regulation provides for compensation with a 25 percent supplement on the hourly wage. This can be adjusted through individual agreements or personnel regulations, provided both parties agree.
3 - Compensation without wage supplement
If no supplement is provided for, overtime can be compensated at the normal hourly wage. This option must be specified in the contract.
💡 Note for managers: Senior employees are usually not entitled to a supplement unless this is expressly agreed in their employment contract. Compensation without a supplement or at a reduced rate is possible.
What are the obligations of employees?
In Switzerland, employees have a duty of loyalty. This includes working overtime when necessary to protect the interests of the company. Conversely, overtime may not be worked without the prior consent of supervisors.
Under certain circumstances, overtime may not be required. This is the case, for example, if the employee's state of health or personal situation does not allow it. The following are specifically exempt from the obligation to work overtime:
pregnant and breastfeeding employees
minor employees
persons with partial incapacity for work
employees with family obligations
Employers are also obliged to take appropriate measures to avoid overtime as far as possible. If overtime is required regularly and over a longer period of time, employees may in certain cases refuse to work additional hours.
Waiver of overtime pay: What applies?
Employees can agree in writing that overtime will not be compensated, but instead offset by equivalent time off.
In certain cases, there is no entitlement to a bonus even without such an agreement. This applies in particular to:
Managers and senior executives: Due to their position, they are expected to work overtime when necessary. The employment contract should take this into account in the overall remuneration.
Employees with flexible working hours: With annual working time or flexitime models, overtime can often be avoided or compensated within the time account. Such working time arrangements must be specified in the employment contract and documented transparently.
Conclusion
Clear guidelines and appropriate tools are needed to manage overtime efficiently. Define internal rules that transparently regulate the planning, recording, and compensation of overtime. Ensure that all employees have access to these rules.
With modern HR software, working hours and overtime can be accurately recorded, correctly calculated, and documented in accordance with the law.
